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Annual charge for use of international education mark.
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62.— (1) Each provider who is authorised to use the international education mark shall, upon each anniversary (in this section referred to as the “liability date”) of the date of such authorisation, be liable to pay a charge (in this Act referred to as the “annual charge”) in respect of that authorisation.
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(2) The annual charge shall be paid to the Authority on or before the liability date or before the expiration of such period as may be prescribed, and in the manner specified by the Authority.
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(3) Subject to subsection (5), the Minister shall prescribe the annual charge to be paid having regard to the expenditure incurred or reasonably expected to be incurred by the Authority in—
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(a) maintaining and developing the code of practice,
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(b) promoting the international education mark, and
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(c) maintaining the integrity, on an ongoing basis, of the code of practice, and the international education mark, in particular by ensuring the international education mark is used only by providers who are authorised to do so.
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(4) Subject to subsection (5), the Minister may prescribe a different annual charge under subsection (3) in respect of different providers or providers of different classes having regard to the following matters:
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(a) the number of international learners enrolled in programmes of education and training provided by the provider;
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(b) the duration of the programmes of education and training provided to international learners.
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(5) The amount of the annual charge prescribed under subsection (3) shall not exceed an amount of €50,000.
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(6) The Minister may prescribe—
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(a) general or special exemptions from the payment of the annual charge (wholly or partly) in different circumstances,
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(b) a reduction in the annual charge having regard to the method of payment of the charge.
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(7) The annual charge shall be recoverable by the Authority as a simple contract debt in any court of competent jurisdiction.
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