Classes of Persons Excluded from the Definition of Overseas Student - Determination 1997-22-s 7(4), Schedule 9 (24/12/1996)

Overview

The Commonwealth of Australia States Grants (Primary and Secondary Education Assistance) Act 1996 was enacted to provide financial assistance to primary and secondary education institutions and to address the issue of equitable funding for students. This legislation aims to ensure that funds are distributed fairly among educational institutions, taking into account the diverse needs of students. The Act was passed by the Parliament of Australia with the objective of improving educational outcomes and access to primary and secondary education across the nation. In 1997, a legislative instrument was introduced to clarify the definition of "overseas student" under the Act, specifically identifying classes of persons who would be excluded from this definition. This exclusion was intended to ensure that funding allocations accurately reflected the intended beneficiaries of the Act, while also considering the various sponsorships and scholarships available to students.

Scope and Application

The Legislative Instrument F2007B00322, which is the 1997-22 Determination under the States Grants (Primary and Secondary Education Assistance) Act 1996, specifies certain classes of persons who are excluded from the definition of "overseas student" for the purposes of the Act. This determination applies to individuals who do not possess a visa, or are not included in a visa, issued under the Migration Act 1958, that allows them to enter and stay in Australia to undertake a course at an institution or other entity within the country. Additionally, it excludes persons who are overseas students and are receiving sponsorship or scholarships from the Commonwealth of Australia or from a higher education institution that covers the full cost of the education component of the award. These exclusions are effective from 1 January 1997 and are intended to refine the application of the Act by clarifying who is considered an overseas student for the purposes of the legislation. This determination is made under the authority of the delegate of the Minister for Schools, Vocational Education and Training, and it operates within the jurisdictional scope of the Commonwealth of Australia.

Key Provisions

The primary operative sections of the Commonwealth of Australia States Grants (Primary and Secondary Education Assistance) Act 1996, as modified by the 1997-22 determination, clarify who is excluded from the definition of an "overseas student" for the purposes of Schedule 9. Under section 7(4) of the Act, certain classes of persons are explicitly excluded from the definition of an overseas student. These include persons who are not holding a visa or are not included in a visa that permits them to enter and stay in Australia for the purpose of studying (section 7(4)(a)), as well as those overseas students who are receiving a sponsorship or scholarship from the Commonwealth (section 7(4)(b)) or a higher education institution that meets the full cost of their education (section 7(4)(c)). This determination has been in effect since 1 January 1997. The Act imposes specific obligations and requirements on the parties or entities it governs. It requires the classification of students in accordance with the exclusions listed in the determination, ensuring that those who are not genuinely overseas students under the specified conditions are not included in the definition. This involves verifying the visa status and sponsorship or scholarship details of the students. The obligations also extend to educational institutions and the Commonwealth to ensure they are aware of and comply with these exclusions in their dealings with students. The consequences of breaching the provisions of the Act include both civil and criminal penalties. While the specific penalties are not detailed in the excerpt, breaches of legislative instruments can typically result in fines and other sanctions under Australian law. The severity of the penalties can vary depending on the nature and extent of the breach, but they are designed to enforce compliance and uphold the integrity of the legislative intent.