Overseas Students Charge Regulations (Cth)

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Overseas Students Charge Regulations

Statutory Rules 1979 No. 289 as amended

made under the

Overseas Students Charge Act 1979

This compilation was prepared on 11 January 2001

taking into account amendments up to SR 1988 No. 390

[Note: The enabling legislation of this Statutory Rules was repealed by Act No. 118 of 1999]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

    

1Citation [see Note 1]

 These Regulations may be cited as the Overseas Students Charge Regulations.

2Interpretation

 In these Regulations, unless the contrary intention appears:

preliminary course means a unit, subject or course of study or course of instruction or training offered by a higher education institution, the completion of which is a prerequisite to enrolment for a course of study offered by that or another such institution.

the Act means the Overseas Students Charge Act 1979.

2ADeclared course

 A course of study specified in column 2 of an item in the Schedule, being a course offered or to be offered by the institution specified in column 3 of that item opposite to that course in column 2, is declared to be a declared course for the purposes of the Act.

3Reduction in amounts of charge imposed

  • (2)

    Where a student:

    • (a)

      is enrolled in a course the work load of which, as assessed by the institution offering the course, is equal to or less than one-half of the work load of a normal full-time course;

    • (b)

      in the case of a student enrolled in a course that is divided into semesters — commences the first semester after 30 June in a year or completes the final semester before 31 July in a year;

    • (c)

      in the case of a student enrolled in a course that is not divided into semesters — commences the first year of the course after 30 June in a year or completes the final year of the course before 31 July in a year;

    • (d)

      is enrolled in a preliminary course the duration of which is 6 months or less;

    • (e)

      is enrolled in a course in a year the duration of which, by reason of the fact that a subject forming part of the course is not available in that year, is 6 months or less; or

    • (f)

      is enrolled in a course the duration of which does not exceed 12 months, being a course that commences in a year and finishes in the next succeeding year;

     the amount of charge imposed by the Act in respect of that enrolment is reduced by half.

  • (3)

    Where a student is enrolled in a course that:

    • (a)

      commences on or before 30 June in a year;

    • (b)

      is of more than 12 months’ duration; and

    • (c)

      ends in the same calendar month as the month in which it commenced;

     the amount of charge imposed by the Act in respect of the enrolment of the student in that course for the year in which the student commences that course is reduced by half.

  • (4)

    Where a student is enrolled in a course that:

    • (a)

      commences after 30 June in a year;

    • (b)

      is of more than 12 months’ duration; and

    • (c)

      ends after 31 July in a year;

     the amount of charge imposed by the Act in respect of the enrolment of the student in that course for the year in which the student completes that course is reduced by half.

  • (5)

    In this regulation, course includes a prescribed course, any other course of study or course of instruction or training or a unit or subject.

4Certain courses to be treated as being the same

 For the purposes of subsections 7 (2) and 7A (3) of the Act:

  • (a)

    where a student undertakes an undergraduate course in the year immediately succeeding the year in which the student completed successfully a preliminary course for that undergraduate course, the undergraduate course shall be treated as being the same course as the preliminary course;

  • (b)

    where a student:

    • (i)

      transfers from one course (in this paragraph referred to as ‘the first course’) to another course (in this paragraph referred to as ‘the second course’); and

    • (ii)

      the second course is such that the student could complete successfully the second course in the same period as he would have taken to complete the second course had he enrolled in the second course at the time at which he had enrolled in the first course;

 the second course shall be treated as being the same course as the first course;

  • (c)

    where:

    • (i)

      in the year immediately succeeding the year in which a student completed successfully an undergraduate course (in this paragraph referred to as ‘the first course’), the student enrols in a course leading to the award of a diploma (in this paragraph referred to as ‘the second course’); and

    • (ii)

      the first and second courses are such that a student who completes successfully the first course followed by the second course is regarded as holding a qualification equivalent to the qualification conferred by a single course that is conducted by a higher education institution or conferred by a declared course;

 the second course shall be treated as being the same course as the first course;

  • (d)

    where a student:

    • (i)

      who is enrolled in a course at pass level becomes enrolled in that course at honours level; or

    • (ii)

      enrols in a course at honours level in the year immediately succeeding the year in which the student completed successfully a course at pass level;

 the honours level course shall be treated as being the same course as the pass level course;

  • (e)

    where a student who is enrolled in a course at honours level becomes enrolled in that course at pass level, the pass level course shall be treated as being the same course as the honours level course;

  • (f)

    where a student:

    • (i)

      is enrolled in a course conducted by a prescribed educational institution, being a course of research leading to the award of a master’s degree; and

    • (ii)

      before completing that course, enrols in a course in the same area of study as the course referred to in subparagraph (i), being a course leading to the award of a doctorate;

 the course leading to the award of a doctorate shall be treated as being the same course as the first-mentioned course;

  • (g)

    where a student:

    • (i)

      is enrolled in a course conducted by a prescribed educational institution, being a course leading to the award of a doctorate; and

    • (ii)

      before completing that course, enrols in a course in the same area of study as the course referred to in subparagraph (i), being a course of research leading to the award of a master’s degree;

 the course leading to the award of a master’s degree shall be treated as being the same course as the first-mentioned course; and

  • (h)

    where a student:

    • (i)

      completes successfully a prescribed course (in this paragraph referred to as ‘the first course’);

    • (ii)

      is enrolled, in the year immediately succeeding the year in which the student completes the first course, in another prescribed course (in this paragraph referred to as ‘the second course’); and

    • (iii)

      the first course followed by the second course together constitute a course that has been approved under section 10 of the Student Assistance Act 1973 as a combined course;

 the second course shall be treated as being the same course as the first course.

Schedule

(regulation 2A)

Part1Declared courses for the purposes of the act that do not involve part-time study

Column 1

Item No.

Column 2

Course of study

Column 3

Institution

NEW SOUTH WALES

1

Bachelor of Arts

Australian Film Television and Radio School

2

Graduate Diploma in Media

Australian Film Television and Radio School

3

Associate Diploma in Cartography

Bathurst College of Technical and Further Education

4

Associate Diploma in Creative Arts

Argyle College of Technical and Further Education (Goulburn)

5

Associate Diploma in Visual Arts

Argyle College of Technical and Further Education (Goulburn)

6

Diploma of Dramatic Arts

National Institute of Dramatic Art

7

Graduate Diploma of Dramatic Arts

National Institute of Dramatic Art

8

Associate Diploma in Podiatry

Sydney Technical College

QUEENSLAND

9

Diploma of Arts

Queensland College of Art

10

Bachelor of Arts

Queensland College of Art

11

Graduate Diploma of Arts

Queensland College of Art

12

Diploma of Arts

Townsville College of Technical and Further Education

Part2Declared courses for the purposes of the act that involve part-time study

Column 1

Item No.

Column 2

Course of study

Column 3

Institution

NEW SOUTH WALES

1

Associate Diploma in Hospitality Management

Hamilton College of Technical and Further Education

2

Associate Diploma in Coal Mining

Kurri Kurri College of Technical and Further Education

3

Associate Diploma in Hospitality Management

Ryde College of Technical and Further Education

4

Associate Diploma in Horticulture

Ryde College of Technical and Further Education

5

Associate Diploma in Health and Building Surveying

Sydney Technical College

6

Associate Diploma in Metallurgy

Sydney Technical College

7

Associate Diploma in Travel and Tourism

Sydney Technical College

8

Associate Diploma in Valuation

Sydney Technical College

9

Associate Diploma in Welfare Work

Sydney Technical College

10

Associate Diploma in Metallurgy

Wollongong College of Technical and Further Education

11

Associate Diploma in Coal Mining

Wollongong College of Technical and Further Education

QUEENSLAND

12

Associate Diploma in Real Estate Valuation

Kangaroo Point College of Technical and Further Education

13

Associate Diploma in Applied Science (Sugar Technology)

Mackay College of Technical and Further Education

14

Associate Diploma in Real Estate Valuation

Queensland Technical Correspondence School

15

Associate Diploma in Engineering (Electrical and Electronics)

Townsville College of Technical and Further Education

Notes to the Overseas Students Charge Regulations

Note 1

The Overseas Students Charge Regulations (in force under the Overseas Students Charge Act 1979) as shown in this compilation comprise Statutory Rules 1979 No. 289 amended as indicated in the Tables below.

The Overseas Students Charge Regulations were amended by the Employment, Education and Training Act 1988. The amendments are incorporated in this compilation.

Table of Statutory Rules

Year and

number

Date of notification

in Gazette

Date of

commencement

Application, saving or

transitional provisions

1979 No. 289

24 Dec 1979

24 Dec 1979

1980 No. 399

31 Dec 1980

31 Dec 1980

1981 No. 283

30 Sept 1981

1 Jan 1982

1982 No. 373

31 Dec 1982

1 Jan 1983

1983 No. 286

25 Nov 1983

1 Jan 1984

1983 No. 344

30 Dec 1983

1 Jan 1984

1984 No. 201

27 Aug 1984

27 Aug 1984

1984 No. 323

2 Nov 1984

1 Jan 1985

1984 No. 472

21 Dec 1984

1 Jan 1985

1985 No. 352

20 Dec 1985

1 Jan 1986

1986 No. 378

22 Dec 1986

22 Dec 1986

1986 No. 379

22 Dec 1986

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

1987 No. 311

22 Dec 1987

1 Jan 1988

1988 No. 390

30 Dec 1988

1 Jan 1989

Table of Amendments

    ad. = added or inserted

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

Provision affected

How affected

R. 2..........................................

am. 1986 No. 379; 1988 No. 390

R. 2A.......................................

ad. 1982 No. 373

R. 3..........................................

am. 1981 No. 283; 1982 No. 373; 1983 No. 286; 1984 No. 323; 1985 No. 352; 1986 No. 379; 1988 No. 390

R. 3A.......................................

ad. 1985 No. 352

rep. 1986 No. 378

R. 4..........................................

am. 1982 No. 373; Act No. 80, 1988

R. 5..........................................

ad. 1980 No. 399

am. 1986 No. 379; Act No. 80, 1988

rep. 1988 No. 390

Schedule ................................

ad. 1982 No. 373

rs. 1983 No. 344

am. 1984 No. 201

rs. 1984 No. 472; 1985 No. 352; 1986 No. 378; 1987 No. 311; 1988 No. 390

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