THE AUSTRALIAN NATIONAL UNIVERSITY
fees rules (No.2) 2012
EXPLANATORY STATEMENT
1. Authority for making the instrument. Fees Statute 2006, section 3.
2. Purpose and operation of the instrument. These Rules authorise the types of fees the University is permitted to charge under the Higher Education Support Act 2003, the fees the Council of the University has authorised for collection, and certain arrangements for the payment and collection of those fees.
3. Documents incorporated in the instrument by reference. None.
4. Consultation process. The Rules were considered and approved by the Council of the University on 25 May 2012.
Governance Office
29 May 2012.
Overview
The Australian National University Fees Rules (No. 2) 2012 were enacted to regulate the types of fees the University is permitted to charge, aligning with the provisions of the Higher Education Support Act 2003. This legislation was introduced to address the need for a comprehensive framework governing the fees that can be levied by the institution, ensuring transparency and compliance with federal regulations. Authorised by the University Council and enacted under the authority of the Fees Statute 2006, section 3, the primary objective of these rules is to establish a clear structure for fee collection and management within the institution, ensuring that all fees are both authorised and appropriately documented. These rules were meticulously considered and approved by the University Council on 25 May 2012, reflecting a commitment to governance and regulatory adherence in the higher education sector.
Scope and Application
The Australian National University fees rules (No. 2) 2012 applies specifically to the Australian National University (ANU), authorising the types of fees that the university is permitted to charge under the Higher Education Support Act 2003. This legislation encompasses the fees that the Council of the university has authorised for collection and delineates certain arrangements for the payment and collection of those fees. The instrument was approved by the Council of the University on 25 May 2012, indicating that it applies to the operations and financial policies of ANU. The scope of these rules is confined to the university itself, with no reference to other entities or broader jurisdictional application, thus limiting its reach to the specific context of ANU's fee structures and financial governance. There are no exclusions, exemptions, or thresholds explicitly stated in the explanatory statement, nor are there any references to subordinate instruments extending or restricting its application.
Key Provisions
The Australian National University Fees Rules (No.2) 2012 (the "Rules") outline the types of fees that the University is permitted to charge in accordance with the Higher Education Support Act 2003 (section 3 of the Fees Statute 2006). The Rules specify the fees authorised for collection by the University Council and set forth the arrangements for the payment and collection of these fees (section 2). The Rules were formally considered and approved by the University Council on 25 May 2012, and subsequently endorsed by the Governance Office on 29 May 2012.
The Rules impose several obligations on the University and its students. Firstly, the University is required to adhere to the fee structures and payment arrangements detailed within the Rules (section 2). These obligations include ensuring that the fees charged are consistent with those authorised by the University Council and comply with the Higher Education Support Act 2003. Additionally, students are obligated to make payments in accordance with the timelines and methods prescribed by the Rules. Failure to adhere to these payment obligations may result in the University implementing collection measures or other administrative actions.
In the event of non-compliance with the fee payment requirements outlined in the Rules, there may be several consequences. While the Rules themselves do not specify particular offences or penalties, non-compliance may lead to administrative actions by the University, such as the imposition of late fees or the suspension of academic services. Furthermore, persistent non-payment could potentially result in legal action being taken against the student by the University, seeking recovery of the outstanding fees and associated costs. The exact consequences and remedies available in such cases would be governed by the University's internal policies and procedures, as well as applicable law.
The Rules do not provide explicit maximum penalties for breaches; however, the University may have internal policies that outline potential penalties for non-compliance, such as fines or additional fees. The specific consequences for breaching the Rules will depend on the nature of the breach and the University's established procedures for handling such matters. It is important to note that while the Rules themselves do not impose criminal penalties, failure to comply with the payment obligations may lead to civil consequences, such as legal action by the University for the recovery of outstanding fees.
Overall, the Australian National University Fees Rules (No.2) 2012 provide a framework for the types of fees the University can charge, the payment arrangements, and the obligations of both the University and its students. While the Rules do not explicitly state penalties for non-compliance, failure to adhere to the payment requirements may result in administrative actions, legal proceedings, or other consequences as determined by the University's internal policies and applicable law.