Canberra College of Advanced Education Amendment Act 1987

Legislation au C2004A03536 Not in force Act

Legislation content

Canberra College of Advanced Education Amendment Act 1987

No. 127 of 1987

 

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

[Assented to 16 December 1987]

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

Short title etc.

1. (1) This Act may be cited as the Canberra College of Advanced Education Amendment Act 1987.

(2) In this Act, “Principal Act” means the Canberra College of Advanced Education Act 19671.

Commencement

2. (1) Section 1 and this section shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions shall come into operation immediately after the commencement of the States Grants (Tertiary Education Assistance) Act 1987.


Fees

3. Section 25 of the Principal Act is amended:

(a) by omitting from paragraph (2) (d) “or” (last occurring);

(b) by omitting from paragraph (2) (e) “(ca) of the definition of ‘fees’ in subsection 3 (1) of the States Grants (Tertiary Education Assistance) Act 1984,” and substituting “(d) of the definition of ‘fees’ in subsection 3 (1) of the States Grants (Tertiary Education Assistance) Act 1987; or”;

(c) by inserting after paragraph (2) (e) the following paragraph:

“(f) fees in respect of the undertaking of a post-graduate course specified under subsection (3), by a person who possesses educational qualifications and has earned a living at any time, for the purpose of acquiring further qualifications;”; and

(d) by adding at the end the following subsection:

“(3) On application by the College, the Minister for Employment, Education and Training may specify, by notice published in the Gazette, post-graduate courses for the purposes of paragraph (2) (f).”.

Higher education administration charge

4. Section 25a of the Principal Act is amended:

(a) by omitting from paragraph (a) of the definition of “relevant enrolment” in subsection (1) “1984” and substituting “1987”;

(b) by omitting paragraph (c) of the definition of “relevant enrolment” in subsection (1);

(c) by omitting paragraph (d) of the definition of “relevant enrolment” in subsection (1) and substituting the following paragraph:

“(d) the enrolment of:

(i) a person who at any time in that year has been in receipt of a pension, benefit or allowance from the Commonwealth, being a person specified for the purposes of subparagraph (c) (i) of the definition of ‘relevant enrolment’ in subsection 3 (1) of the States Grants (Tertiary Education Assistance) Act 1987; or

(ii) a person who at any time in that year has been the spouse of, and dependent on, another person specified for the purposes of subparagraph (c) (i) and subparagraph (c) (ii) of the definition of ‘relevant enrolment’ in subsection 3 (1) of that Act;”;

(d) by inserting in paragraph (e) of the definition of “relevant enrolment” in subsection (1) “or exemption was provided” after “imposed”;

(e) by inserting in subsection (1) the following definitions:

“‘charge’ means higher education administration charge;


‘relevant date’ means a date specified by the Minister for Employment, Education and Training by notice published in the Gazette;”;

(f) by omitting subsection (2) and substituting the following subsections:

“(2) The College shall, in relation to the year commencing on 1 January 1987 and each subsequent year, impose in respect of that year an amount of charge as provided by this section in respect of each student liable to charge.

“(2a) Subject to this section, a student is liable to charge if:

(a) the student becomes enrolled, by a relevant enrolment, at the College during the year; or

(b) is undertaking a course or part of a course at the College at a relevant date in the year, although not enrolled at the College.

“(2b) Subject to this section, the student is liable to charge under subsection (2a):

(a) if paragraph (2a) (a) applies—on the date of enrolment; or

(b) if paragraph (2a) (b) applies—on the relevant date referred to in that paragraph.

“(2c) A student is not liable to charge on a date in the year if the student has become liable to charge on an earlier date in the year in respect of the College.

“(2d) A student is not liable to charge under paragraph (2a) (b) in respect of the College where the student would be a person of a kind referred to in paragraph (b) or (d) of the definition of ‘relevant enrolment’ in subsection (1) if the student were enrolled at the College.

“(2e) Where:

(a) at any time during the year, a student would be liable to charge in respect of the College but is not liable because the student is a person of a kind referred to in paragraph (b) or (d) of the definition of ‘relevant enrolment’ in subsection (1); and

(b) at a later time in the year, the student is not such a person;

the student is not liable to charge in respect of the College in that year.

“(2f) The amount of charge to which a student becomes liable in the year is the amount of charge in respect of a relevant enrolment in the year determined under section 4d of the States Grants (Tertiary Education Assistance) Act 1984.”;

(g) by omitting from subsection (3) “higher education administration”; and


(h) by adding at the end of subsection (4) “except where that course is of less than 12 months’ duration and the person undertakes that course continuously”.

 

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; Nos. 65 and 161, 1985; and No. 136, 1986.

[Minister’s second reading speech made in—

House of Representatives on 5 November 1987

Senate on 19 November 1987]

Overview

The Canberra College of Advanced Education Amendment Act 1987 was enacted to amend the Canberra College of Advanced Education Act 1967. The Act was passed by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia on 16 December 1987. It was introduced to address specific issues within the administration and financial operations of the college, particularly in alignment with the new States Grants (Tertiary Education Assistance) Act 1987. The policy objective of the Act is to ensure that the amendments reflect the latest legislative changes in tertiary education funding and administration. The Act outlines adjustments to fee structures and the imposition of higher education administration charges, which are critical for maintaining the operational and financial integrity of the college.

Scope and Application

The Canberra College of Advanced Education Amendment Act 1987 amends the Canberra College of Advanced Education Act 1967, applying to the institution itself, its students, and the relevant authorities. It modifies the fee structure and the higher education administration charge, which applies to students enrolled in post-graduate courses who possess prior educational qualifications and have been gainfully employed. The Act extends its jurisdictional reach across the Commonwealth of Australia. Certain students are exempt from the higher education administration charge, including those who have received pensions, benefits, or allowances from the Commonwealth or are dependents of such individuals, as well as those who are not liable to charge if they have already become liable during the year or if they cease to fall into the exempted categories mid-year. The Act allows for further specification of post-graduate courses and relevant dates through subordinate instruments by the Minister for Employment, Education and Training.

Key Provisions

The Canberra College of Advanced Education Amendment Act 1987 primarily amends the Canberra College of Advanced Education Act 1967 by introducing new provisions related to fees and the higher education administration charge. Section 3 of the Act amends Section 25 of the Principal Act by clarifying the definition of fees and introducing a new category of fees for post-graduate courses. It specifies that these fees apply to individuals who possess educational qualifications and have earned a living at any time, and who are undertaking post-graduate courses to acquire further qualifications. Additionally, it empowers the Minister for Employment, Education and Training to specify these post-graduate courses through a notice published in the Gazette. Section 4 of the Act amends Section 25a of the Principal Act concerning the higher education administration charge. It modifies the definition of "relevant enrolment" to align with the States Grants (Tertiary Education Assistance) Act 1987. The amended Act removes certain categories of enrolments from the definition and introduces new criteria, including enrolments for individuals who have received Commonwealth pensions, benefits, or allowances, or who are dependents of such individuals. Furthermore, it defines "relevant date" and outlines the conditions under which a student becomes liable for the charge. It also specifies the circumstances under which a student is not liable for the charge and the amount of charge to which a student becomes liable. The Act imposes several obligations on the College and the Minister for Employment, Education and Training. The College must impose the higher education administration charge in accordance with the provisions of the Act. The Minister is responsible for specifying post-graduate courses for fee purposes and for determining the amount of the charge in accordance with the States Grants (Tertiary Education Assistance) Act 1987. Both the College and the Minister must ensure compliance with the amended provisions regarding fees and charges. There are no explicit offences, penalties, or civil/criminal consequences for breach specified in the Act. However, non-compliance with the provisions regarding fees and charges could potentially lead to legal challenges or disputes regarding the imposition and collection of these fees and charges. The Act itself does not outline specific penalties for non-compliance, but any resulting legal proceedings could involve considerations of administrative law, contract law, or other relevant legal principles.

Legal classification tags

Area of Law
Education Law
Instrument
Act
Concepts
Commencement Provisions
Fees
Licensing & Registration

Interactions

Authorises

All Versions

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.