Canberra College of Advanced Education Amendment Act 1986

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Canberra College of Advanced Education Amendment Act 1986

No. 136 of 1986

 

An Act to amend the Canberra College of Advanced Education Act 1967

[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 Canberra College of Advanced Education Amendment Act 1986.

(2) The Canberra College of Advanced Education Act 19671 is in this Act referred to as the Principal Act.

2. After section 25 of the Principal Act the following section is inserted:

Higher education administration charge

“25a. (1) In this section—

‘enrolment’ includes re-enrolment;

‘relevant enrolment’ means the enrolment of a person to undertake a course of study or instruction or part of a course of study or instruction at the College, being a course the completion of which leads to the granting of a degree, diploma or other award of the College (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 College imposes a fee of the kind referred to in paragraph 25 (2) (e) 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 College, 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 College 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 College 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 College 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 instruction or part of a course of study or instruction at the College in respect of a year fails to pay that amount to the College before the final payment day for that course or that part of that course in that year, the person shall, unless the Principal of the College 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 or instruction at the College 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 Principal of the College in relation to that course or that part of that course.”.

 

NOTE

1. No. 104, 1967, as amended. For previous amendments, see No. 114, 1970; No. 216, 1973; No. 95, 1975; No. 37, 1976; No. 36, 1978; No. 191, 1979; No. 96, 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 Canberra College of Advanced Education Amendment Act 1986 was enacted to address the need for financial sustainability and administrative efficiency within the Canberra College of Advanced Education. This Act was passed by the Queen, with the assent of the Senate and the House of Representatives of the Commonwealth of Australia, on 9 December 1986, and commenced on 6 January 1987. The primary objective of this legislation is to introduce a higher education administration charge, which would apply to relevant enrolments at the College starting from the year 1987. The charge is to be set at the amount applicable under section 4d of the States Grants (Tertiary Education Assistance) Act 1984. This amendment was introduced to ensure the college could manage its financial obligations effectively while maintaining high standards of education and administration.

Scope and Application

The Canberra College of Advanced Education Amendment Act 1986 amends the Canberra College of Advanced Education Act 1967 by introducing a new section related to the imposition of a higher education administration charge. This charge applies to certain enrolments at the College from the year commencing on 1 January 1987 onwards. Specifically, the charge applies to relevant enrolments, which include enrolments in courses leading to degrees, diplomas, or other awards, excluding certain categories such as technical and further education courses, overseas student enrolments where a specific fee is imposed, re-enrolments in the same year, enrolments of persons specified under the States Grants (Tertiary Education Assistance) Act 1984, part-time enrolments required for courses at other institutions, and enrolments where a scholarship providing a living allowance of at least $1,000 per annum is awarded. Failure to pay the charge by the final payment day set by the Principal of the College will result in the student's enrolment being ceased for that year unless otherwise determined by the Principal. This amendment extends the application of the Act to the College’s administration of higher education charges, aligning it with the framework established under the States Grants (Tertiary Education Assistance) Act 1984.

Key Provisions

The Canberra College of Advanced Education Amendment Act 1986 primarily focuses on the introduction of a new section (25a) into the existing Canberra College of Advanced Education Act 1967. This new section mandates the College to impose a higher education administration charge on certain enrolments. Specifically, the charge applies to relevant enrolments, which are defined as enrolments in courses leading to a degree, diploma, or other award from the College, excluding several categories such as technical and further education courses, overseas students, and those with certain scholarships. The charge amount is to be determined in accordance with the States Grants (Tertiary Education Assistance) Act 1984. Failure to pay this charge by the final payment day designated by the Principal will result in the cessation of enrolment for that year, unless otherwise decided by the Principal. The Act imposes specific obligations on the College to implement and enforce the higher education administration charge. This includes identifying which enrolments are relevant for the charge, determining the applicable charge amount, and setting the final payment day for each course or part of a course. The College must also ensure that students who fail to pay the charge by the designated date are no longer enrolled unless the Principal decides otherwise. This places a responsibility on the College to communicate the charge details and deadlines to enrolled students clearly and to maintain records of enrolments and payments. The Act does not explicitly state specific penalties or consequences for failing to pay the higher education administration charge, but it does imply that non-payment will result in the cessation of enrolment. This implies that students who do not meet the payment deadline will lose their enrolment status for the year unless the Principal intervenes. While the Act does not detail potential civil or criminal consequences for non-compliance, the automatic cessation of enrolment serves as a significant deterrent. The lack of specific penalties might prompt the College to ensure compliance through clear communication and administrative processes to avoid any disruptions to the academic year.

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