Fees Statute 1999

Overview

The Fees Statute 1999, enacted by the Council of the Australian National University under the authority granted by the Australian National University Act 1991, addresses the need for a comprehensive framework governing the payment of certain fees that fall outside the scope of the Higher Education Funding Act 1988. The Statute aims to provide the Council with the necessary authority to establish rules for the collection of these fees, ensuring that the university can manage its financial obligations effectively and transparently. The Vice-Chancellor or Deputy Vice-Chancellor is empowered to issue orders determining the specific amounts of these fees, provided they align with the Statute and any associated rules, thereby maintaining consistency and coherence in fee structures. This legislative instrument underscores the university’s commitment to financial governance and compliance with broader educational funding frameworks.

Scope and Application

The Fees Statute 1999 applies specifically to the Australian National University, governing the payment of fees that are excluded from the definition of fees under the Higher Education Funding Act 1988. The statute empowers the Council of the Australian National University to make rules regarding these fees, while the Vice-Chancellor or the Deputy Vice-Chancellor is authorised to make orders determining the specific amounts of these fees. This legislation operates within the framework set by the Higher Education Funding Act 1988, and its application is confined to the Australian National University. Notably, any rules or orders made under this statute must be consistent with its provisions and the overarching statutes it references. The statute itself repealed the previous Fees Statute in its entirety, ensuring that all fee-related matters at the university are governed under the updated provisions. The scope and application of this statute are narrowly tailored to the context of the Australian National University and its specific fee structures, without extending to other entities or jurisdictions.

Key Provisions

The Fees Statute 1999 (s.1) is a legislative instrument that sets out the framework for the payment of fees to the Australian National University (ANU). According to section 2, the Council of ANU is empowered to make Rules concerning fees that are excluded from the definition in the Higher Education Funding Act 1988 (s.3) and those referred to in section 13 of that Act. These Rules, once made, govern the payment of specified fees to the University. Section 3 of the Statute provides that the Vice-Chancellor or the Deputy Vice-Chancellor can issue Orders to determine the exact amounts of fees payable, provided these Orders do not conflict with the Statute or any Rules made under it. Finally, section 4 of the Statute repeals the previous Fees Statute, ensuring that only the current provisions apply. The Fees Statute 1999 imposes several obligations on the Council and the Vice-Chancellor or the Deputy Vice-Chancellor. Firstly, the Council is responsible for creating Rules that specify the payment of certain fees not covered under the Higher Education Funding Act 1988. These Rules must be consistent with the Statute and must be crafted to ensure clarity and fairness in the fee structure. Secondly, the Vice-Chancellor or the Deputy Vice-Chancellor must issue Orders that determine the specific amounts of fees payable under the Rules. These Orders must also align with the Statute and any Rules made by the Council, ensuring a cohesive and lawful fee system. Breaching the provisions of the Fees Statute 1999 can lead to various consequences. While the Statute itself does not explicitly state the penalties for non-compliance, it is reasonable to infer that breaches could lead to civil or administrative actions as per other related legislative frameworks. Such breaches might include disputes over fee amounts, non-payment of fees, or failure to adhere to the stipulated fee payment processes. However, specific penalties or the exact nature of the consequences for non-compliance are not detailed within the Statute itself but would likely be addressed under the broader legal and administrative processes governing the ANU.