Penny Wong (SA, Australian Labor Party, Shadow Minister for Corporate Governance and Responsibility) Share this | Link to this | Hansard source

by leave—I move circulated amendments (1) and (2) on sheet 5107 concurrently:

(1)    Schedule 1, page 3 (after line 4), before item 1, insert:

1A  Section 5

Insert:

Christmas Island has the same meaning as in section 4 of the Christmas Island Act 1958.

(2)   Schedule 1, page 3 (after line 12), after item 2, insert:

2A  Section 5 (definition of State)

After “includes”, insert “Christmas Island,”.

Senator Crossin may wish to add to her comments in the second reading debate in relation to this issue. These amendments deal with the specific issue of the inclusion of Christmas Island. This issue was canvassed in the second reading debate. Both Labor senators and also Senator Stott Despoja raised the issue of the redrafted national code removing one of the barriers to the extension of the ESOS regime to Christmas Island. Amendments (1) and (2), moved by the opposition, essentially have the effect of inserting Christmas Island into the definition of ‘state’ in the act and, as we understand it, extend the application of the regime to Christmas Island. I would be grateful if the parliamentary secretary would be able to indicate whether the government intends to agree to these amendments.

Richard Colbeck (Tasmania, Liberal Party, Parliamentary Secretary to the Minister for Finance and Administration) Share this | Link to this | Hansard source

The government at this point in time will not be agreeing to the amendments, although I note Senator Crossin’s comments in her presentation in the second reading debate in relation to the letter that she has received from the minister. On behalf of the government, I can confirm the in-principle support for the provision of services out of Christmas Island District High School.

There are some issues, however, that we are currently negotiating with the Western Australian Department of Education and Training. Also, the Department of Education, Science and Training has been discussing with the Department of Transport and Regional Services ways in which this recommendation could be implemented. So some work is being done in relation to that. There are some complex administrative issues that are associated with this recommendation which we are currently working on. We anticipate that amendments to these bills to implement this recommendation could be brought forward in a further amendment bill in 2007 once the administrative matters that we are dealing with have been resolved.

Trish Crossin (NT, Australian Labor Party) Share this | Link to this | Hansard source

My query is on the final version of the national code. Because Christmas Island is now not specifically mentioned in that, are you therefore suggesting that this is one barrier that has been removed? Can you outline for me exactly what negotiations DEST or DOTARS are undertaking with the Western Australian government and when you might anticipate that will lead to a further amendment of the ESOS Act?

Richard Colbeck (Tasmania, Liberal Party, Parliamentary Secretary to the Minister for Finance and Administration) Share this | Link to this | Hansard source

I can confirm that you are right; that is one impediment that has been removed. I do not have any specific details on the administrative issues other than that they are being discussed between DEST, DOTARS and the Western Australian government’s Department of Education Services. We are anticipating that we will be able to bring in a piece of legislation at the next sittings of parliament to deal with the issues that have been resolved as part of that negotiation process.

Penny Wong (SA, Australian Labor Party, Shadow Minister for Corporate Governance and Responsibility) Share this | Link to this | Hansard source

I have one issue. Senator Colbeck said, ‘We are happy to do this later once we have sorted out some of the administrative details.’ I am not trying to verbal you, Senator Colbeck, but I think that is reasonably accurate. Given that this is a legislative change and the government is not open to the possibility of amending the legislation, the fact that—as I understand the registration process under the ESOS Act—there is the capacity in the legislation for this extension to occur does not preclude the continuation of these negotiations prior to the registration being effected.

Richard Colbeck (Tasmania, Liberal Party, Parliamentary Secretary to the Minister for Finance and Administration) Share this | Link to this | Hansard source

My advice is that the legislation that we will bring forward will fit the outcomes of the negotiations that we are undertaking at the moment. Instead of going through the process that is being proposed at the moment, we would rather complete the negotiations and put in place legislation that fits the negotiations we are currently undertaking.

Trish Crossin (NT, Australian Labor Party) Share this | Link to this | Hansard source

Does this then mean that Christmas Island District High School can do everything in its power possible to take the steps to becoming a CRICOS provider? Except, to get a CRICOS number, they need to be specified in the act—is that correct?

Richard Colbeck (Tasmania, Liberal Party, Parliamentary Secretary to the Minister for Finance and Administration) Share this | Link to this | Hansard source

I think that is a fair assumption that could be taken from the discussions that we have just been having.

Question negatived.

Penny Wong (SA, Australian Labor Party, Shadow Minister for Corporate Governance and Responsibility) Share this | Link to this | Hansard source

I move amendment (3) on sheet 5107:

(3)    Schedule 1, page 5, (after line 30), after item 16, insert:

16A  Section 23

Repeal the section, substitute:

23  Annual registration charge

        (1)    The Secretary must give to each provider who is liable to pay an annual registration charge for a year a written notice stating the amount of the charge.

        (2)    A notice under this section must be given to a provider by the last business day in the January of the relevant calendar year.

        (3)    Subject to subsection (4), a registered provider must pay the annual registration charge for which the provider is liable by the last business day in the February of the relevant calendar year.

        (4)    If the notice has not been given to a provider by the last business day in the January of the relevant calendar year, the annual registration charge for which the provider is liable must be paid within 28 days of the day on which the notice was given to the provider.

This amendment deals with the annual registration charge. I addressed this in my speech in the second reading debate. The opposition is moving this amendment in light of concerns raised by the Australian Vice-Chancellors Committee regarding some potential problems with the regime that is proposed in the legislation. We consider those concerns are worthy of support and, accordingly, I move this amendment, which is essentially a repeal of proposed section 23 and the substitution of a slightly amended regime.

Richard Colbeck (Tasmania, Liberal Party, Parliamentary Secretary to the Minister for Finance and Administration) Share this | Link to this | Hansard source

The government does not support this amendment. We have had conversations with the Australian Vice-Chancellors Committee on this. There is an extensive process that providers go through in the lead-up to the payment of this annual registration charge. It is a self-assessed charge as part of the process. Consultation with the providers commences in November of the year previous to the date—that being 28 January. There is a process that provides for genuine consultation with the industry and one that provides plenty of opportunity for industry to understand what their costs and fees are likely to be and to interact with the agency and the government prior to paying the charge on 28 January as required by the proposed bill.

Question negatived.

Bill agreed to.

EDUCATION SERVICES FOR OVERSEAS STUDENTS LEGISLATION AMENDMENT (2006 MEASURES No. 2) BILL 2006

Bill—by leave—taken as a whole.

Bill agreed to.

Education Services for Overseas Students Legislation Amendment (2006 Measures No. 1) Bill 2006 and Education Services for Overseas Students Legislation Amendment (2006 Measures No. 2) Bill 2006 reported without amendment; report adopted.