Summary

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The majority voted in favour of amendment (1), introduced by Labor Senator Kim Carr.

This means the amendment was successful, though it still needs to be agreed to by the members of the House of Representatives before it can be included in the bill (read more about the process of making amendments in Parliament).

What is the amendment?

The amendment relates to item 3 of schedule 5, which says:

Division 2 deals with tuition fees. In general, a registered provider must not receive more than 50% of the total tuition fees for a course before an overseas student begins the course.

The amendment proposed to add the following words: 'The provider must keep those fees in a separate account' into item 3 or Schedule 5.

Senator Carr explains that this amendment has been introduced to reduce financial risk to the Tuition Protection Service, which assists students who are struggling to get a refund where their education provider cannot deliver their course.

What do these bills do?

These bills amend the Educational Services for Overseas Students regulatory framework, which has three main objectives:

  • 'to provide tuition assurance, and refunds, for overseas students for courses for which they have paid and
  • to protect and enhance Australia’s reputation for quality education and training services and
  • to complement Australia’s migration laws by ensuring providers collect and report information relevant to the administration of the law relating to student visas.'

Read more in the bills digest.

Votes Passed by a small majority

Nobody rebelled against their party.

Party Votes
Australian Greens (90% turnout) 9 Yes 0 No
Richard Di Natale Victoria Yes
Sarah Hanson-Young SA Yes
Scott Ludlam WA Yes
Nick McKim Tasmania Yes
Lee Rhiannon NSW Yes
Janet Rice Victoria Yes
Rachel Siewert WA Yes
Robert Simms SA Yes
Peter Whish-Wilson Tasmania Yes
Larissa Waters Queensland Absent
Australian Labor Party (79% turnout) 19 Yes 0 No
Catryna Bilyk Tasmania Yes
Carol Brown Tasmania Yes
Joe Bullock WA Yes
Doug Cameron NSW Yes
Kim Carr Victoria Yes
Alex Gallacher SA Yes
Katy Gallagher ACT Yes
Chris Ketter Queensland Yes
Sue Lines WA Yes
Joe Ludwig Queensland Yes
Jenny McAllister NSW Yes
Anne McEwen SA Yes
Jan McLucas Queensland Yes
Claire Moore Queensland Yes
Deborah O'Neill NSW Yes
Nova Peris NT Yes
Lisa Singh Tasmania Yes
Glenn Sterle WA Yes
Anne Urquhart Tasmania Yes
Jacinta Collins Victoria Absent
Stephen Conroy Victoria Absent
Sam Dastyari NSW Absent
Helen Polley Tasmania Absent
Penny Wong SA Absent
Ricky Muir Victoria Australian Motoring Enthusiast Party Yes
Nigel Scullion NT Country Liberal Party No
Gavin Marshall Victoria Deputy President Yes
Bob Day SA Family First Party No
Jacqui Lambie Tasmania Independent Yes
Glenn Lazarus Queensland Independent Yes
Nick Xenophon SA Independent Yes
John Madigan Victoria Independent No
David Leyonhjelm NSW Liberal Democratic Party No
Liberal National Party (50% turnout) 0 Yes 1 No
Matthew Canavan Queensland No
James McGrath Queensland Absent
Liberal Party (80% turnout) 0 Yes 20 No
Eric Abetz Tasmania No
Christopher Back WA No
Cory Bernardi SA No
David Bushby Tasmania No
Michaelia Cash WA No
Richard Colbeck Tasmania No
Sean Edwards SA No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Bill Heffernan NSW No
David Johnston WA No
Jo Lindgren Queensland No
Ian Macdonald Queensland No
Marise Payne NSW No
Linda Reynolds WA No
Michael Ronaldson Victoria No
Anne Ruston SA No
Scott Ryan Victoria No
Arthur Sinodinos NSW No
Dean Smith WA No
Simon Birmingham SA Absent
George Brandis Queensland Absent
Mathias Cormann WA Absent
Mitch Fifield Victoria Absent
Zed Seselja ACT Absent
National Party (75% turnout) 0 Yes 3 No
Bridget McKenzie Victoria No
Fiona Nash NSW No
John Williams NSW No
Barry O'Sullivan Queensland Absent
Nick Xenophon SA Nick Xenophon Team Absent
Dio Wang WA Palmer United Party No
Stephen Parry Tasmania President No
Totals (83% turnout) 33 Yes – 30 No