Australian National University Amendment Act 1986

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Australian National University Amendment Act 1986

No. 135 of 1986

 

An Act to amend the Australian National University Act 1946

[Assented to 9 December 1986]

[Date of commencement 6 January 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Australian National University Amendment Act 1986.

(2) The Australian National University Act 19461 is in this Act referred to as the Principal Act.

2. After section 29 of the Principal Act the following section is inserted:

Higher education administration charge

“29a. (1) In this section—

‘enrolment’, includes re-enrolment;

‘relevant enrolment’ means the enrolment of a person to undertake a course of study or part of a course of study at the University, being a course the completion of which leads to the granting of a degree, diploma or other award of the University (whether or not that course or that part of that course is undertaken for the purpose of obtaining such an award) but does not include—

(a) the enrolment of a person in a course of technical and further education within the meaning of the States Grants (Tertiary Education Assistance) Act 1984;


(b) the enrolment of a person who is an overseas student within the meaning of the Overseas Students Charge Act 1979 to undertake such a course or part of such a course where the University imposes a fee of the kind referred to in sub-paragraph 27 (1) (o) (vi) in relation to that course or part of that course;

(c) the enrolment of a person to undertake such a course or part of such a course during a year where the person has already enrolled in such a course or part of such a course in respect of that year at the University, being another course in respect of which higher education administration charge was imposed in respect of that year;

(d) the enrolment of a person who is included in a class of persons specified by the Minister for the purposes of paragraph (d) of the definition of ‘relevant enrolment’ in sub-section 3 (1) of the States Grants (Tertiary Education Assistance) Act 1984;

(e) the enrolment of a person to undertake part of such a course during a year where that enrolment is required for the purposes of another course being undertaken by that person at another tertiary education institution, being another course in respect of which an amount of higher education administration charge was imposed in respect of that year; or

(f) the enrolment of a person to undertake such a course where the University provides a scholarship for the person to undertake that course, being a scholarship that entitles the person to an amount by way of living allowance of at least $1,000 per annum, not including any amount payable in respect of the person’s dependants.

“(2) The University shall, in relation to the year commencing on 1 January 1987 and each subsequent year, impose an amount of higher education administration charge in respect of each relevant enrolment at the University in respect of that year, being the amount applicable under section 4d of the States Grants (Tertiary Education Assistance) Act 1984 in respect of that year.

“(3) Where a person who is required to pay an amount of higher education administration charge in respect of the enrolment of the person to undertake a course of study or part of a course of study at the University in respect of a year fails to pay that amount to the University before the final payment day for that course or that part of that course in that year, the person shall, unless the Vice-Chancellor otherwise determines, cease to be enrolled to undertake that course or that part of that course during that year.

“(4) For the purposes of this section, where the enrolment of a person to undertake a course of study at the University entitles the person to


undertake a part of that course in more than one year, the person shall be deemed to become enrolled to undertake that course in respect of each year in which the person undertakes a part of that course.

“(5) The reference in sub-section (3) to the final payment day for a course or a part of a course in a year is a reference to such day during that year as is determined by the Vice-Chancellor in relation to that course or that part of that course.”.

 

NOTE

1. No. 22, 1946, as amended. For previous amendments, see Nos. 21 and 56, 1947; No. 3, 1960; No. 9, 1963; No. 108, 1965; No. 93, 1966; No. 65, 1967; No. 1. 1971; Nos. 96 and 216, 1973; No. 94, 1975; No. 37, 1976; No. 36, 1978; No. 190, 1979; Nos. 61, 106 and 166, 1981; Nos. 76 and 95, 1984; and Nos. 65 and 161, 1985.

[Minister’s second reading speech made in—

House of Representatives on 19 August 1986

Senate on 11 November 1986]

Overview

The Australian National University Amendment Act 1986 was enacted to amend the Australian National University Act 1946 and was assented to on 9 December 1986, commencing on 6 January 1987. This Act was passed by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, aiming to address the need for the Australian National University to impose a higher education administration charge on relevant enrolments starting from 1 January 1987. The policy objective of this amendment is to align the University’s administrative charges with those stipulated under the States Grants (Tertiary Education Assistance) Act 1984, ensuring consistency and fairness in the application of these charges across the institution. This amendment seeks to establish a structured framework for the imposition and collection of these charges, alongside the consequences for non-compliance.

Scope and Application

The Australian National University Amendment Act 1986 amends the Australian National University Act 1946, introducing a higher education administration charge for certain enrolments at the university. This charge applies to relevant enrolments, which include enrolments of persons to undertake a course of study or part of a course leading to a degree, diploma, or other award from the university, but excludes certain categories such as enrolments in technical and further education courses, overseas students paying a specific fee, re-enrolments within the same year, and others as defined. The charge must be paid by the final payment day for the course or part of the course, or the student risks losing their enrolment for that year. The Act applies to the Australian National University and its students within the Commonwealth jurisdiction, and the specific charge amount is determined by the States Grants (Tertiary Education Assistance) Act 1984.

Key Provisions

The Australian National University Amendment Act 1986 introduces significant changes to the Australian National University Act 1946. One of the primary additions is the establishment of a higher education administration charge (section 29a), which applies to relevant enrolments at the university. "Relevant enrolment" is defined as enrolments to undertake a course of study or part of a course of study that leads to the granting of a degree, diploma, or other award from the university. This definition excludes certain enrolments such as those involving technical and further education, overseas students with specific fees, repeat enrolments within the same year, and those involving scholarships with a living allowance of at least $1,000 per annum. The charge imposed by the university must align with the amount applicable under section 4d of the States Grants (Tertiary Education Assistance) Act 1984 for the respective year. The Act imposes several obligations on the university and its students. The university is mandated to impose the specified higher education administration charge for each relevant enrolment starting from the year beginning on 1 January 1987. This charge must be paid by students before the final payment day determined by the Vice-Chancellor. Failure to pay the charge by this deadline results in the student's enrolment being cancelled for that year, unless the Vice-Chancellor decides otherwise. Additionally, students who are enrolled in courses that span multiple years are deemed to be enrolled for each year they undertake part of the course. Breaches of the Act's provisions carry specific consequences. If a student fails to pay the higher education administration charge by the final payment day, they automatically cease to be enrolled for that year, as outlined in section 29a(3). This automatic cessation of enrolment underscores the importance of timely payment. The Act does not explicitly detail further penalties for non-payment, but it implies that failure to comply with the payment deadline leads to immediate disenrolment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.