Overseas Students Charge Act 1979 (Cth)

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Overseas Students Charge Act 1979

Act No. 119 of 1979 as amended

Consolidated as in force on 12 August 1998

(includes amendments up to Act No. 43 of 1996)

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

An Act to impose a charge on certain non-citizen students enrolling in certain secondary and tertiary education courses in Australia

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1Short title [see Note 1]

This Act may be cited as the Overseas Students Charge Act 1979.

2Commencement [see Note 1]

This Act shall come into operation on the day on which it receives the Royal Assent.

3Collection Act to be read with this Act

The Overseas Students Charge Collection Act 1979 shall be read as one with this Act.

4Interpretation

  1. (1)

    In this Act, unless the contrary intention appears:

casual higher education student means a student:

  1. (a)

    enrolled at a higher education institution; and

  2. (b)

    whose enrolment entitles him or her to study a subject or a number of subjects but does not entitle him or her to undertake a course of study offered by the institution.

charge means the charge imposed by this Act.

course of study means a program that:

  1. (a)

    comprises the study of a number of subjects; and

  2. (b)

    is offered by a prescribed educational institution as a package aimed at imparting a certain level of education (whether of a general nature or in a particular field).

declared course means a course that is a declared course for the purposes of this Act by virtue of a declaration in force under section 4A.

enrolment means enrolment by way of original enrolment, continuing enrolment, re-enrolment or otherwise.

higher education course means:

  1. (a)

    a course of study offered by a higher education institution; or

  2. (b)

    a declared course.

higher education institution means a higher education institution within the meaning of the Employment, Education and Training Act 1988.

overseas student means a person who:

  1. (a)

    is not an Australian citizen; and

  2. (b)

    is enrolled, or proposes to become enrolled, in a prescribed course or as a casual higher education student for a year;

but does not include:

  1. (c)

    a person who is, within the meaning of the Migration Act 1958, the holder of a valid permanent entry permit;

  2. (d)

    if the enrolment or proposed enrolment is in respect of a secondary education course—a person who is, for the purposes of the Migration Act 1958, an exempt non-citizen; or

  3. (e)

    if paragraph (d) does not apply—a person who is, for the purposes of the Migration Act 1958, an exempt non-citizen, other than a person referred to in paragraph (b) of the definition of exempt non-citizen in subsection 5(1) of that Act.

prescribed course means a higher education course, a technical and further education course or a secondary education course.

prescribed educational institution means a higher education institution, a technical and further education institution or a secondary school.

secondary education course means a course of study offered by a secondary school.

secondary school means a school or similar institution, not being a technical and further education institution, at which full‑time secondary education is provided or at which education is provided that includes full-time secondary education.

study includes instruction, training and research.

technical and further education course means a course of instruction or training that is offered by a technical and further education institution.

technical and further education institution means:

  1. (a)

    a technical and further education institution within the meaning of the Employment, Education and Training Act 1988; or

  2. (b)

    an institution declared by the Minister in writing to be a technical and further education institution for the purposes of this Act.

year means any year commencing on 1 January.

  1. (2)

    References in this Act to:

    1. (a)

      enrolment in a prescribed course for a year; and

    2. (b)

      enrolment as a casual higher education student for a year;

are references respectively to:

  1. (c)

    enrolment that entitles the person enrolled to undertake, at any time in that year, the prescribed course or a part of the prescribed course; and

  2. (d)

    enrolment that entitles the person enrolled to undertake, at any time in that year, the study in respect of which the person is enrolled as such a student.

  1. (3)

    A reference in this Act to a part of a prescribed course shall be read as a reference to so much of that course as is to be undertaken in a year.

  2. (4)

    Where the enrolment of an overseas student in a prescribed course for a year entitles the student to undertake that course or a part of that course in that year and in a subsequent year or years, the student shall, for the purposes of this Act, be deemed to become enrolled in that course for any such subsequent year in which the student undertakes that course or a part of that course.

4ADeclared course

The regulations may declare a specified course of study offered, or to be offered, by a specified educational institution to be a declared course for the purposes of this Act.

5Imposition of charge

Where an overseas student is enrolled in a prescribed course, or as a casual higher education student, for a year, then, subject to this Act, a charge is imposed on the student in respect of that enrolment.

6Rates of charge

  1. (1)

    The amount of charge imposed by this Act in respect of the enrolment of an overseas student in a higher education course for a year after 31 December 1992 is:

    1. (a)

      where the student is an eligible overseas student (Class A) in relation to the year:

      1. (i)

        if the student is enrolled in a course of study in medicine, veterinary science or dentistry—$5,954; or

      2. (ii)

        if subparagraph (i) does not apply—$5,161;

    2. (b)

      where the student is an eligible overseas student (Class B) in relation to the year:

      1. (i)

        if the student is enrolled in a course of study in medicine, veterinary science or dentistry—$8,109; or

      2. (ii)

        if subparagraph (i) does not apply—$7,269; or

    3. (c)

      in any other case:

      1. (i)

        if the student is enrolled in a course of study in medicine, veterinary science or dentistry—$9,732; or

      2. (ii)

        if subparagraph (i) does not apply—$8,892.

  2. (2)

    The amount of charge imposed by this Act in respect of the enrolment of an overseas student as a casual higher education student for a year after 31 December 1992 is $8,892.

  3. (2A)

    The amount of charge imposed by this Act in respect of the enrolment of an overseas student in a technical and further education course for a year after 31 December 1992 is:

    1. (a)

      where the student is an eligible overseas student (Class A) in relation to the year—$719;

    2. (b)

      where the student is an eligible overseas student (Class B) in relation to the year—$1,011; or

    3. (c)

      in any other case—$1,236.

  4. (3)

    The amount of charge imposed by this Act in respect of the enrolment of an overseas student in a secondary education course for a year after 31 December 1992 is $428.

  5. (4)

    For the purposes of this section, an overseas student who is enrolled in a higher education course (not being a postgraduate student who is the holder of a scholarship awarded by the Australian-American Educational Foundation) for a year (in this subsection referred to as the enrolment year) is an eligible overseas student (Class A) in relation to the enrolment year if the student:

    1. (a)

      was enrolled in a higher education course before 1 January 1986; and

    2. (b)

      was or is enrolled in:

      1. (i)

        that course; or

      2. (ii)

        if the student has, on one or more occasions, transferred his or her enrolment to another higher education course—that other course;

    for the enrolment year and for each year after 31 December 1985 and before the enrolment year.

  6. (4A)

    For the purposes of this section, an overseas student who:

    1. (a)

      being a postgraduate student who is the holder of a scholarship awarded by the Australian-American Educational Foundation, is enrolled in a higher education course; or

    2. (b)

      is enrolled in a technical and further education course;

for a year (in this subsection referred to as the enrolment year) is an eligible overseas student (Class A) in relation to the enrolment year if the student:

  1. (c)

    was enrolled in a higher education course or a technical and further education course, as the case may be, before

    1 January 1987; and

  2. (d)

    was or is enrolled in:

    1. (i)

      that course; or

    2. (ii)

      if the student has, on one or more occasions, transferred his or her enrolment to another higher education course or technical and further education course, as the case may be—that other course;

for the enrolment year and for each year after 31 December 1986 and before the enrolment year.

  1. (4B)

    For the purposes of this section, an overseas student who is enrolled in a higher education course (not being a postgraduate student who is the holder of a scholarship awarded by the Australian-American Educational Foundation) for a year (in this subsection referred to as the enrolment year) is an eligible overseas student (Class B) in relation to the enrolment year if the student:

    1. (a)

      was enrolled in a higher education course after

      31 December 1985 but before 1 January 1988; and

    2. (b)

      was or is enrolled in:

      1. (i)

        that course; or

      2. (ii)

        if the student has, on one or more occasions, transferred his or her enrolment to another higher education course—that other course;

    for the enrolment year and for each year (if any) after

    31 December 1987 and before the enrolment year.

  2. (4C)

    For the purposes of this section, an overseas student who:

    1. (a)

      being a postgraduate student who is the holder of a scholarship awarded by the Australian-American Educational Foundation, is enrolled in a higher education course; or

    2. (b)

      is enrolled in a technical and further education course;

for a year (in this subsection referred to as the enrolment year) is an eligible overseas student (Class B) in relation to the enrolment year if the student:

  1. (c)

    was enrolled in a higher education course or a technical and further education course, as the case may be, after

    31 December 1986 but before 1 January 1988; and

  2. (d)

    was or is enrolled in:

    1. (i)

      that course; or

    2. (ii)

      if the student has, on one or more occasions, transferred his or her enrolment to another higher education course or technical and further education course, as the case may be—that other course;

for the enrolment year and for each year (if any) after

31 December 1987 and before the enrolment year.

  1. (5)

    For the purposes of subsections (4), (4A), (4B) and (4C), where:

    1. (a)

      the enrolment of an overseas student in a prescribed course is or was interrupted by a period of deferment approved by the prescribed educational institution offering the course; and

    2. (b)

      the enrolment is resumed in accordance with the terms of the approval as specified at the time of the giving of the approval;

the overseas student shall be deemed to be enrolled in that course during that interruption.

  1. (6)

    Where an overseas student is liable to pay higher education administration charge in respect of enrolment in a course for a year and is also liable to pay charge for that year in respect of that enrolment, the amount of charge in respect of the enrolment shall be reduced by the amount of that higher education administration charge.

6ACharge not payable in certain cases

Where:

  1. (a)

    an overseas student is enrolled in a prescribed course or as a casual higher education student for a year; and

  2. (b)

    the student is not required to attend, at any time during that year, the prescribed educational institution at which he or she is enrolled in connection with the study undertaken in the course or as a casual higher education student;

the charge is not payable in respect of the student’s enrolment for that year.

7Application

  1. (1)

    The charge is not payable in respect of the enrolment of an overseas student in a prescribed course for a year before

    1 January 1980.

  2. (2)

    Subject to subsection (3), where an overseas student:

    1. (a)

      was enrolled in a prescribed course for a year before 1 January 1980;

    2. (b)

      commenced or commences to undertake that course in that year; and

    3. (c)

      was or is enrolled in that course for each succeeding year;

the charge is not payable in respect of his enrolment for any year in that course or any other prescribed course that, in accordance with the regulations, is to be treated for the purposes of this subsection as being the same course as the first-mentioned course.

  1. (3)

    For the purposes of subsection (2), where, at any time (including a time before 1 January 1980):

    1. (a)

      the enrolment of a person in a prescribed course is or was interrupted by a period of deferment approved by the prescribed educational institution offering the course; and

    2. (b)

      the enrolment is resumed in accordance with the terms of the approval as specified at the time of the giving of the approval;

the person shall be deemed to be enrolled in respect of that course during that interruption.

  1. (4)

    In relation to a time before the commencement of this Act:

    1. (a)

      a reference in this section to a prescribed course shall be read as a reference to a course that would have been a prescribed course; and

    2. (b)

      a reference in this section to a prescribed educational institution shall be read as a reference to an institution that would have been a prescribed educational institution;

if this Act and the regulations had been in force at that time.

  1. (5)

    A reference in this section to a year, or a time, before

    1 January 1980 includes a reference to a year, or a time, before the commencement of this Act.

7AApplication in relation to declared courses

  1. (1)

    In this section, prescribed year, in relation to a declared course, means the year in which the declaration with respect to that course was made.

(2) The charge is not payable in respect of the enrolment of an overseas student in a declared course for the prescribed year in relation to that declared course or for an earlier year.

  1. (3)

    Subject to subsection (4), where an overseas student:

    1. (a)

      was or is enrolled in a declared course for the prescribed year in relation to that course or for an earlier year;

    2. (b)

      commenced or commences to undertake that course in the year of that enrolment; and

    3. (c)

      was or is enrolled in that course for each succeeding year;

the charge is not payable in respect of his enrolment for any year in that course or any other prescribed course that, in accordance with the regulations, is to be treated for the purposes of this section as being the same course as the first-mentioned course.

  1. (4)

    For the purposes of subsection (3), where at any time (including a time before the declaration of the declared course concerned):

    1. (a)

      the enrolment of a person in a declared course is or was interrupted by a period of deferment approved by the educational institution offering the course; and

    2. (b)

      the enrolment is resumed in accordance with the terms of the approval as specified at the time of the giving of the approval;

the person shall be deemed to be enrolled in respect of that course during that interruption.

  1. (5)

    In relation to a time before the commencement of this section or this Act, a reference in this section to a declared course shall be read as a reference to a course that would have been a declared course if the relevant provisions of this Act and the relevant regulations had been in force at that time.

  2. (6)

    A reference in this section to a year, or a time, before the declaration of a declared course includes a reference to a year, or a time, before the commencement of this section or this Act.

8Regulations

The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

  1. (a)

    required or permitted by this Act to be prescribed; or

  2. (b)

    necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and in particular, providing for reductions in the amount of charge imposed by this Act in cases specified in the regulations.

NOTE

1. The Overseas Students Charge Act 1979 as shown in this reprint comprises Act No. 119, 1979 amended as indicated in the Tables below.

Table of Acts

Act

Number

and year

Date

of Assent

Date of commencement

Application, saving or transitional provisions

Overseas Students Charge Act 1979

119, 1979

29 Oct 1979

29 Oct 1979

Statute Law Revision Act 1981

61, 1981

12 June 1981

S. 117: Royal Assent (a)

—

Overseas Students Charge Amendment Act 1982

22, 1982

3 May 1982

31 May 1982

—

Overseas Students Charge Amendment Act 1983

68, 1983

20 Oct 1983

20 Oct 1983

—

Migration (Miscellaneous Amendments) Act 1983

84, 1983

14 Nov 1983

Part VIII (ss. 25- 27): 2 Apr 1984 (see Gazette 1984, No. S119) (b)

S. 27(2)

Overseas Students Charge Amendment Act 1984

136, 1984

25 Oct 1984

22 Nov 1984

—

Statute Law (Miscellaneous Provisions) Act (No. 2) 1984

165, 1984

25 Oct 1984

S. 3: 22 Nov 1984 (c)

S. 6(1)

Overseas Students Charge Amendment Act 1985

155, 1985

5 Dec 1985

5 Dec 1985

—

Overseas Students Charge Amendment Act 1986

138, 1986

9 Dec 1986

22 Dec 1986 (see Gazette 1986, No. S660)

Ss. 8 and 9

Overseas Students Charge Amendment Act 1987

129, 1987

16 Dec 1987

16 Dec 1987

—

Employment, Education and Training Act 1988

80, 1988

24 June 1988

1 July 1988 (see Gazette 1988, No. S190)

—

as amended by

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 3 (item 24): 24 June 1988 (d)

—

Overseas Students Charge Amendment Act 1988

139, 1988

26 Dec 1988

26 Dec 1988

—

Overseas Students Charge Amendment Act (No. 2) 1989

178, 1989

28 Dec 1989

19 Dec 1989: (see s. 2)

—

Overseas Students Charge Amendment Act 1989

12, 1990

17 Jan 1990

17 Jan 1990

—

Overseas Students Charge Amendment Act 1990

133, 1990

28 Dec 1990

28 Dec 1990

—

Overseas Students Charge Amendment Act 1991

144, 1991

21 Oct 1991

21 Oct 1991

—

Overseas Students Charge Amendment Act 1992

162, 1992

11 Dec 1992

11 Dec 1992

—

(a) The Overseas Students Charge Act 1979 was amended by section 117 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:

  1. “(1)

    Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.”

(b) The Overseas Students Charge Act 1979 was amended by Part VIII (sections 25-27) only of the Migration (Miscellaneous Amendments) Act 1983, subsection 2(1) of which provides as follows:

  1. “(1)

    Subject to subsection (2), this Act shall come into operation on the day on which the Migration Amendment Act 1983 comes into operation.”

(c) The Overseas Students Charge Act 1979 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(1) of which provides as follows:

  1. “(1)

    Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.”

(d) The Employment, Education and Training Act 1988 was amended by Schedule 3 (item 24) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:

  1. “(3)

    Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.”

Table of Amendments

    ad. = added or inserted

    am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Title...........................................

am. No. 84, 1983; No. 155, 1985; No. 138, 1986

S. 4...........................................

am. No. 61, 1981; No. 22, 1982; No. 84, 1983; No. 138, 1986; No. 80, 1988 (as am. by No. 43, 1996); No. 139, 1988; No. 178, 1989

S. 4A.........................................

ad. No. 22, 1982

am. No. 138, 1986

S. 5...........................................

am. No. 139, 1988

S. 6...........................................

am. No. 68, 1983; No. 136, 1984; No. 155, 1985; No. 138, 1986; No. 129, 1987; No. 139, 1988; Nos. 12 and 133, 1990; No. 144,1991; No. 162, 1992

S. 6A.........................................

ad. No. 165, 1984

rs. No. 139, 1988

S. 7A.........................................

ad. No. 22, 1982

S. 8...........................................

am. No. 22, 1982

rs. No. 138, 1986

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