Overseas Students Charge Collection Act 1979 (Cth)

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979
- Updated as at 17 December 1996 (#DATE 17:12:1996)

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- TABLE OF PROVISIONS 
TABLE

                          TABLE OF PROVISIONS
Section
    1.    Short title
    2.    Commencement
    3.    Interpretation
    4.    Payment of overseas student charge
  4AA.    Payment of instalment charge
   4A.    Exemption from overseas student charge
    5.    Change in enrolment during year
    6.    Grant of visas and temporary entry permits to overseas
          students
    7.    Special arrangements for discharge of liability for
          overseas student charge
    8.    Recovery of charge
    9.    Regulations

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- LONG TITLE 
SECT

  An Act to make provision for and in relation to the collection
  of charges imposed by the Overseas Students Charge Act 1979 and
    the Overseas Students (Instalment Payments) Charge Act 1989

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 1 
Short title 
SECT

  1. This Act may be cited as the Overseas Students Charge Collection
Act 1979.*1*

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it
receives the Royal Assent.*1*

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 3 
Interpretation 
SECT

  3. (1) In this Act, unless the contrary intention appears:
  "charge" means the overseas student charge or the instalment charge;
  "Charge Act" means the Overseas Students Charge Act 1979;
  "Instalment Act" means the Overseas Students (Instalment Payments)
Charge Act 1989;
  "instalment charge" means the charge imposed by the Instalment Act;
  "overseas student charge" means the charge imposed by the Charge
Act;


  (2) Unless the contrary intention appears, an expression to which a
particular meaning has been given by the Charge Act has the same
meaning when used in this Act.

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 4 
Payment of overseas student charge 
SECT

  4. (1) Subject to section 7, the overseas student charge in respect
of the enrolment of an overseas student for a year is payable in
accordance with this section.


  (2) A full-year charge is to be paid in accordance with the
following provisions:
  (a) where the liability day is earlier than, or the same day as, the
first payment day:
    (i) the charge may be paid in full on or before the first
payment day; or
    (ii) the charge may, subject to subparagraph (iii), be paid
in 2 equal instalments respectively payable on the first payment day
and the second payment day; or
    (iii) if, as at the day after the first payment day, an
amount equal to more than half of the amount of the charge remains
unpaid, the full amount of the charge must be paid immediately;
  (b) where the liability day is later than the first payment day but
earlier than the second payment day;
    (i) the charge may be paid in full on or before the liability
day; or
    (ii) the charge may, subject to subparagraph (iii), be paid
in 2 equal instalments respectively payable on the liability day and
the second payment day; or
    (iii) if, as at the day after the liability day, an amount
equal to more than half the amount of the charge remains unpaid, the
full amount of the charge must be paid immediately.


  (3) A half-year charge is to be paid in accordance with the
following provisions:
  (a) where the liability day is earlier than, or the same day as, the
first payment day, the charge must be paid on or before the first
payment day;
  (b) where the liability day is later than the first payment day, the
charge must be paid on or before:
    (i) the liability day; or
    (ii) the second payment day;
whichever is later.


  (4) This section does not apply in relation to a charge the
responsibility for the payment of which has been accepted by the
Commonwealth.


  (5) In this section:
  "first payment day", in respect of a year, means the earlier date
specified in relation to that year in a determination made by the
Minister under subparagraph 18 (1) (e) (i) of the Higher Education
Funding Act 1988;
  "full-year charge" means an overseas student charge payable by an
overseas student that is not a half-year charge;
  "half-year charge" means an overseas student charge payable by an
overseas student the amount of which is, under the regulations, half
the amount of the charge imposed by the Charge Act;
  "liability day", in respect of an enrolment of an overseas student
for a year, means:
  (a) where the enrolment commences on a day in that year - that day,
or 15 March in that year, whichever is later; or
  (b) where the enrolment commenced on a day before that year - 15
March in that year;
  "second payment day", in respect of a year, means the later date
specified in relation to that year in a determination made by the
Minister under subparagraph 18 (1) (e) (i) of the Higher Education
Funding Act 1988.

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 4AA 
Payment of instalment charge 
SECT

  4AA. The instalment charge in respect of an instalment payable on
the second payment day in a year is payable by the student concerned
on that day.

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 4A 
Exemption from overseas student charge 
SECT

  4A. (1) Each of the following students is exempt from payment of the
overseas student charge:
  (a) a postgraduate student who is the holder of a scholarship
awarded by an institution before 1 January 1987 for study at that
institution and who commenced that study before that date, being a
scholarship that entitles the holder to an amount by way of living
allowance of at least $3,500 per annum, not including any amount
payable in respect of the holder's dependants;
  (b) a student who is enrolled in a prescribed course or as a casual
higher education student as a result of a reciprocal exchange
agreement between:
    (i) a tertiary education institution and an overseas tertiary
education institution or an overseas organisation; or
    (ii) an organisation in Australia and an overseas tertiary
education institution or an overseas organisation;
being an agreement specified by an authorised officer for the purposes
of this paragraph;
  (c) a student who is enrolled in a secondary education course at a
secondary school as a result of a reciprocal exchange agreement
between:
    (i) that secondary school and an overseas secondary education
institution or an overseas organisation; or
    (ii) an organisation in Australia and an overseas secondary
education institution or an overseas organisation;
being an agreement specified by an authorised officer for the purposes
of this paragraph;
  (d) a student who is enrolled in a course of external study
conducted by an institution, being a course that requires a period of
study at the institution of not more than 6 weeks in a year;
  (e) a student who is:
    (i) the holder of a scholarship awarded by the Commonwealth,
a specialised agency of the United Nations Organization or the
government of another country, being a scholarship that entitles the
holder to an amount by way of living allowance of at least $3,500 per
annum, not including any amount payable in respect of the holder's
dependants; and
    (ii) enrolled in a course offered by an institution, being a
course that is offered by the institution as the result of an
arrangement entered into between the institution and the Commonwealth,
a specialised agency of the United Nations Organization or the
government of another country and that is specified by an authorised
officer for the purposes of this paragraph;
  (f) a student in respect of whom an officer of the Department that
deals with matters relating to migration authorised by the Minister
for the purpose has issued a certificate stating that the student is a
refugee or a stateless person;
  (g) a student who:
    (i) was, at the time of enrolment in a prescribed course for
a year, a person to whom paragraph (b) or (c) of the definition of
"overseas student" in subsection 4 (1) of the Overseas Students Charge
Act 1979 applied in relation to that course; and
    (ii) during that year, ceases to be such a person;
  (h) a student who:
    (i) before 1 October 1979, entered Australia in order to
undertake the final year or the final 2 years of a secondary education
course;
    (ii) completed that course in the year 1979, 1980 or 1981;
and
    (iii) enrolled in a prescribed course in the year next
succeeding that completion;
  (j) a student who:
    (i) entered Australia to undertake an intensive English
course before enrolling in a prescribed course;
    (ii) during the period that commenced on 1 January 1979 and
ended on 1 October 1979, commenced an intensive English course in
Australia and successfully completed the course; and
    (iii) enrolled in a prescribed course in 1980 or 1981;
  (k) a student who undertakes a prescribed course for which the
institution at which the course is undertaken charges a fee the amount
of which is, in the opinion of the Minister, greater than or equal to
the whole of the cost of that course;
  (ka) a casual higher eduction student in respect of whose enrolment
the institution at which the student is enrolled charges a fee that
is, in the opinion of the Minister, greater than or equal to the whole
of the cost incurred by the institution in respect of the study
undertaken by the student;
  (m) a student who is exempted from payment of the charge by the
regulations.


  (2) An authorised officer shall not specify an agreement for the
purposes of paragraph (1) (b) or (c) unless, as a result of the
agreement:
  (a) the number of overseas students enrolled at institutions in
Australia is equal to the number of Australian students enrolled at
overseas education institutions; and
  (b) the studies to be undertaken by, and the financial arrangements
in respect of travel, maintenance and tuition made for, overseas
students enrolled at institutions in Australia are similar to the
studies to be undertaken by, and the financial arrangements in respect
of travel, maintenance and tuition made for, Australian students
enrolled at overseas education institutions.


  (3) The exemption conferred on a student under paragraph (1) (h) or
(j) extends to enrolment in respect of each succeeding year of the
prescribed course referred to in that paragraph.


  (4) Where a student who is exempt from charge under paragraph (1)
(h) or (j) enrols in a prescribed course that, under subsection 7 (2)
or 7A (3) of the Overseas Students Charge Act 1979, is to be treated
as the same course as another course, the student is exempt from
charge in respect of his or her enrolment in the first-mentioned
course.


  (5) Where:
  (a) the enrolment in a prescribed course of a student who is exempt
from charge under paragraph (1) (h) or (j) is interrupted by a period
of deferment approved by the institution offering the course; and
  (b) the enrolment is resumed in accordance with the terms of the
approval as specified at the time of giving the approval;
the student shall be deemed to be enrolled in respect of that course
during that interruption.

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 5 
Change in enrolment during year 
SECT

  5. Where:
  (a) an overseas student who has paid an amount of charge in respect
of an enrolment (whether in a prescribed course or as a casual higher
education student) for a year, at any time during that year, transfers
from that enrolment to another enrolment (whether in a prescribed
course or as a casual higher education student) for that year; and
  (b) a charge is payable by the student in respect of that other
enrolment;
the amount of charge to which the student would, but for this section,
be liable in respect of that other enrolment is reduced by so much of
the amount of charge paid in respect of the first-mentioned enrolment
as is not, or has not been, refunded to the student under the
regulations.

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 6 
Grant of visas and temporary entry permits to overseas students 
SECT

  6. (1) In spite of anything in the Migration Act 1958, neither a
visa nor a temporary entry permit is to be granted under that Act to
an overseas student who is enrolled (whether in a prescribed course or
as a casual higher education student) at a prescribed educational
institution for a year in which the permit is to be in force unless
the person proposing to grant the visa or temporary entry permit is
satisfied that:
  (a) there has been paid to the Commonwealth, in accordance with the
regulations, an amount in discharge of the liability (if any) of the
student to pay a charge in respect of his or her enrolment at that
institution for that year; or
  (aa) where the student is liable to pay a full-year charge - there
has been paid to the Commonwealth, in accordance with the regulations
and on or before the first payment day, an amount equal to at least
half of the amount of the charge payable by the student in respect of
his or her enrolment at the institution for that year; or
  (b) any liability of the student to the charge in respect of his or
her enrolment at that institution for that year will be discharged
under subsection 7 (1) or an arrangement has been entered into under
subsection 7 (2) in relation to that charge; or
  (c) the Commonwealth has accepted the responsibility for the payment
of any charge in respect of the student's enrolment at that
institution for that year.


  (1A) Subsection (1) does not prohibit the grant to an overseas
student of a visa or temporary entry permit relating to that part of a
year that occurs before the liability day in respect of the enrolment
of the overseas student for that year.


  (2) Where an amount has been paid as provided by paragraph (1) (a)
by or on behalf of a person:
  (a) if an amount of the charge becomes payable by the person in the
year to which the amount so paid relates:
    (i) the amount so paid shall be applied in total or partial
discharge of the amount of the charge so payable; and
    (ii) the amount (if any) by which the amount so paid exceeds
the amount of the charge so payable shall be refunded to the person;
or
  (b) in any other case - the amount so paid shall be refunded to the
person.


  (3) In this section:
  "charge" means overseas student charge;
  "first payment day" has the same meaning as it has in section 4;
  "full-year charge" has the same meaning as it has in section 4;
  "liability day" has the same meaning as it has in section 4.

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 7 
Special arrangements for discharge of liability for overseas 
student charge 
SECT

  7. (1) Where:
  (a) the Minister administering the Department dealing with external
affairs enters into an arrangement with a government of a country
other than Australia (not being an arrangement under subsection (2))
under which the liability of a person to the charge in respect of the
person's enrolment at a prescribed educational institution for a year
is to be discharged under this subsection; or
  (b) a Department or authority of the Commonwealth has, before 1
January 1987, granted a postgraduate scholarship or like award to a
person for the purpose of assisting the person to undertake a
prescribed course in a year and the person commenced the prescribed
course before that date;
an authorized officer may issue a written certificate stating that the
liability of the person to the charge in respect of the person's
enrolment at that institution or in that course for that year is
discharged under this subsection, and thereupon:
  (c) the liability (if any) of the person to the charge is, by force
of this subsection, discharged; and
  (d) any amount that has been paid as provided by paragraph 6 (1) (a)
or (aa) in relation to the charge, and any amount of the charge that
has been paid, shall be refunded to that person.


  (2) Where the Minister administering the Department dealing with
external affairs enters into an arrangement with a government of a
country other than Australia under which that government undertakes to
pay, at a time determined by or under the arrangement, the charge
imposed upon a person in respect of the person's enrolment at a
prescribed educational institution for a year:
  (a) the person is not, and shall be deemed not to have been, liable
to pay the charge in accordance with section 4; and
  (b) if, otherwise than in accordance with the arrangement:
    (i) any amount has been paid as provided by paragraph 6 (1)
(a) or (aa) in relation to the charge; or
    (ii) any amount of the charge has been paid;
it shall be refunded to the person;
but, if the whole or part of the charge is not paid in accordance with
the arrangement, the person becomes, on a date determined by the
Minister by notice in writing, liable to pay so much of the charge as
is unpaid.


  (3) In this section, "authorized officer" means:
  (a) in a case to which paragraph (1) (a) applies - an officer of the
Department that deals with external affairs; or
  (b) in a case to which paragraph (1) (b) applies - an officer of the
Department concerned or a member or officer of the authority
concerned;
who is authorized by the Minister in writing to issue certificates
under this section.

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 8 
Recovery of charge 
SECT

  8. Any charge that a person has become liable to pay and has not
paid is a debt due to the Commonwealth by the person by whom the
charge is payable.

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- SECT 9 
Regulations 
SECT

  9. The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters required or permitted by this Act to
be prescribed or necessary or convenient to be prescribed for carrying
out or giving effect to this Act, and, in particular:
  (a) making provision for and in relation to exemptions from, and
remissions of, the charge;
  (b) making provision for and in relation to the payment of refunds
of the charge and the recovery of refunds paid incorrectly; and
  (c) prescribing penalties, not exceeding $200, for offences against
the regulations.

OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 
- NOTE 1 

                               NOTE
*1*The Overseas Students Charge Collection Act 1979 as shown in this
reprint comprises Act No. 120, 1979 amended as indicated in the Tables
below.
                                Table of Acts
    Act             Date            Date of           Application
    Number and      of assent       commencement      saving or
    year                                              transitional
                                                      provisions
    Overseas Students Charge Collection Act 1979
    120, 1979       29 Oct 1979     29 Oct 1979
    Overseas Students Charge Collection Amendment Act 1982
    23, 1982        3 May 1982      31 May 1982       -
    Statute Law (Miscellaneous Provisions) Act (No. 2) 1984
    165, 1984       25 Oct 1984     S. 3: 22 Nov 1984 (a)
                                                      S. 6 (1)
    Overseas Students Charge Collection Amendment Act 1986
    139, 1986       9 Dec 1986      22 Dec 1986 (see s. 2 and Gazette
                                    1986, No. S660)   -
    Overseas Students Charge Collection Amendment Act 1988
    140, 1988       26 Dec 1988     26 Dec 1988       -
    Overseas Students Charge Collection Amendment Act 1989
    13, 1990        17 Jan 1990     1 Jan 1990        -
    Statute Law Revision Act 1996
    43, 1996        25 Oct 1996     Schedule 2 (item 79): (b)
                                                      -
  (a) The Overseas Students Charge Collection 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) 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."
  (b) The Overseas Students Charge Collection Act 1979 was amended by
Schedule 2 (item 79) only of the Statute Law Revision Act 1996,
subsection 2(2) of which provides as follows:
  "(2) Each item in Schedule 2 commences or is taken to have commenced
(as the case requires) at the time specified in the note at the end of
the item."
  Item 79 is taken to have commenced immediately after the
commencement of the Overseas Students Charge Collection Amendment Act
1989.
  The Overseas Students Charge Collection Amendment Act 1989 came into
operation on 1 January 1990.
                            Table of Amendments
    ad=added or inserted am=amended rep=repealed rs=repealed and
substituted
    Provision affected   How affected
    Title                am. No. 13, 1990
    S. 3                 rs. No. 13, 1990
                         am. No. 43, 1996
    S. 4                 am. No. 23, 1982; No. 140, 1988
                         rs. No. 13, 1990
    S. 4AA               ad. No. 13, 1990
    S. 4A                ad. No. 139, 1986
                         am. No. 140, 1988; No. 13, 1990
    S. 5                 rs. No. 140, 1988
    S. 6                 am. No. 23, 1982; No. 165, 1984;
                         No. 140, 1988; No. 13, 1990
    S. 7                 am. No. 139, 1986; No. 140, 1988;
                         No. 13, 1990