Overseas Students Charge Collection Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 3741

 

Overseas Students Charge Collection Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Overseas Students Charge Collection Act 1979.

Dated 20 December 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

(Sgd.) John Hodges

Minister of State for Immigration and Ethnic Affairs

 

Commencement

1. These Regulations shall come into operation on 1 January 1983.

Interpretation

2. Regulation 2 of the Overseas Students Charge Collection Regulations is amended—

(a) by inserting after the definition of “Department” the following definition:

“‘institution’ means a prescribed educational institution or a specified institution;”; and

(b) by inserting after the definition of “Secretary” the following definition:

“‘specified institution’ means an institution specified in column 3 of an item in the Schedule to the Overseas Students Charge Regulations as in force from time to time;”.

Exemptions

3. Regulation 4 of the Overseas Students Charge Collection Regulations is amended—

(a) by omitting from paragraph (1) (a) “a university or college of advanced education” and substituting “an institution”;

 

S.R. 318/82 Cat. No. —Recommended retail price 20c 10/30.11.1982

(b) by omitting from paragraph (1) (c) “a university or college of advanced education” and substituting “an institution”;

(c) by omitting from paragraph (1) (c) “the university or college” and substituting “that institution”;

(d) by omitting from paragraph (1) (d) “a university or college of advanced education” and substituting “an institution”;

(e) by omitting from paragraph (1) (d) “the university or college” and substituting “the institution”;

(f) by omitting from sub-paragraph (1) (e) (ii) “a prescribed educational institution” and substituting “an institution”;

(g) by omitting from sub-regulation (2) “tertiary institution in Australia” and substituting “institution in Australia”;

(h) by inserting in sub-regulation (4) “or 7A (3)” after “sub-section 7 (2)”; and

(i) by omitting from paragraph (5) (a) “prescribed educational”.

Refunds

4. Regulation 5 of the Overseas Students Charge Collection Regulations is amended—

(a) by omitting from sub-regulation (1) “2 weeks after the commencement of the course” and substituting “6 weeks after the commencement of the course or, in the case of a student who is permitted by the institution conducting the course to enrol or to commence the course at a later date, 6 weeks after the date on which the student is enrolled or commences the course, whichever is the later”; and

(b) by adding at the end thereof the following sub-regulation:

“(4) Where a post graduate student in respect of whose enrolment in a prescribed course in a year a charge has been paid is awarded a scholarship of the kind referred to in paragraph 4 (1) (a) or (b)—

(a) in the case of a scholarship that takes effect, or is deemed to take effect, not more than 6 weeks after the commencement of the course—the amount of the charge; or

(b) in the case of a scholarship that takes effect, or is deemed to take effect, more than 6 weeks after the commencement of the course but before the expiration of 6 months of that course in that year—an amount equal to one-half of the charge,

shall, on application by the student in accordance with regulation 6, be refunded to the student.”.

Remission of charge

5. Regulation 8 of the Overseas Students Charge Collection Regulations is amended by omitting from sub-regulation (1) “2 weeks after the commencement of the course” and substituting “6 weeks after the commencement of the course or, in the case of a student who is permitted by the institution conducting the course to enrol or to commence the course at a later date, 6 weeks after the date on which the student is enrolled or commences the course, whichever is the later”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 December 1982.

2. Statutory Rules 1979 No. 290.

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