Commonwealth Education Institutions (Overseas Students) Amendment Act 1985

Overview

The Commonwealth Education Institutions (Overseas Students) Amendment Act 1985 was enacted by the Parliament of Australia to amend the Australian National University Act 1946 and the Canberra College of Advanced Education Act 1967, specifically in relation to fees for overseas students. The Act was designed to address the need for a uniform approach to fee setting for overseas students at Commonwealth education institutions, ensuring consistency and fairness. The primary policy objective was to align the fee structures of these institutions with the guidelines set forth in the States Grants (Tertiary Education Assistance) Act 1984. This alignment aimed to standardise the imposition of fees for overseas students, providing a clear and regulated framework for institutions to follow.

Scope and Application

The Commonwealth Education Institutions (Overseas Students) Amendment Act 1985 applies to the Australian National University and the Canberra College of Advanced Education, allowing these institutions to set fees for overseas students in accordance with guidelines determined by the Minister under the States Grants (Tertiary Education Assistance) Act 1984. This amendment does not extend to other educational institutions or entities outside the scope of the Australian National University Act 1946 and the Canberra College of Advanced Education Act 1967. The Act's jurisdiction is limited to the Commonwealth level, and it does not specify any exclusions, exemptions, or thresholds for the imposition of fees. The Act may be further detailed or clarified through subordinate instruments issued under the authority of the relevant Acts.

Key Provisions

The Commonwealth Education Institutions (Overseas Students) Amendment Act 1985 amends the Australian National University Act 1946 and the Canberra College of Advanced Education Act 1967. These amendments, primarily found in sections 4 and 6, pertain to the imposition of fees on overseas students. Specifically, section 4(a) and (b) amend section 27 of the Australian National University Act 1946 to allow the imposition of fees in accordance with guidelines set by the Minister for the purposes of paragraph (ca) in the definition of 'fees' in subsection 3(1) of the States Grants (Tertiary Education Assistance) Act 1984. Similarly, section 6(a) and (b) amend section 25 of the Canberra College of Advanced Education Act 1967 to include fees that align with the same guidelines. Entities governed by this Act, such as the Australian National University and the Canberra College of Advanced Education, are required to adhere to the new fee guidelines established by the Minister. These institutions must ensure that any fees imposed on overseas students comply with the criteria set forth in the States Grants (Tertiary Education Assistance) Act 1984. This includes ensuring that the fees are reasonable and in line with the educational services provided. The institutions must also maintain records and documentation to demonstrate compliance with these guidelines. Failure to comply with the fee guidelines or the provisions of this Act may result in various consequences. Although the Act itself does not specify particular offences, penalties, or consequences for non-compliance, breaches may lead to investigations by relevant authorities. Such investigations could result in administrative actions, financial penalties, or other corrective measures depending on the severity and nature of the non-compliance. Furthermore, ongoing non-compliance could affect the institutions' eligibility for government funding or assistance, potentially impacting their operations and financial stability.