THE AUSTRALIAN NATIONAL UNIVERSITY
fees statute 2006
EXPLANATORY STATEMENT
1. Authority for making the instrument. Australian National University Act 1991, section 50.
2. Purpose and operation of the instrument. The Statute provides for the making of Rules with respect to the payment to the University of fees including student contribution amounts and tuition fees, referred to in section 19-85 of the Higher Education Support Act 2003, and the making of Orders determining the amounts of fees payable under the Rules
3. Documents incorporated in the instrument by reference. None.
4. Consultation process. The Statute was considered and approved by the Council of the University.
Council and Boards Secretariat
2 June 2006.
Overview
The Australian National University Fees Statute 2006 was enacted to provide a regulatory framework for the collection of fees at the Australian National University (ANU). This Statute was introduced to address the need for clear and consistent rules regarding the payment of fees, particularly in the context of student contributions and tuition fees as defined under the Higher Education Support Act 2003. The Statute was made under the authority of the Australian National University Act 1991, specifically section 50, and was approved by the Council of ANU. The overarching objective of this Statute is to establish a structured approach to the setting and collection of fees, ensuring that the university can effectively manage its financial operations while maintaining transparency and fairness in its fee structures. The Statute allows for the creation of rules regarding various types of fees, including those related to student contributions, and provides a mechanism for determining the specific amounts payable.
Scope and Application
The Australian National University Fees Statute 2006 applies to the Australian National University (ANU) and its students, setting out the framework for the payment of fees, including student contribution amounts and tuition fees as outlined in the Higher Education Support Act 2003. This Statute empowers ANU to establish Rules governing the fees payable by students and to issue Orders that specify the exact amounts of these fees. The geographic reach of this Statute is limited to the operations of ANU, which is a Commonwealth institution, and it does not extend beyond the university's jurisdiction. The Statute does not incorporate any documents by reference and was subject to consultation, being considered and approved by the Council of the University. There are no stated exclusions, exemptions, or specific thresholds within the Statute itself, although the application and interpretation of the fees may be further detailed in subordinate instruments issued by the University.
Key Provisions
The Australian National University Fees Statute 2006 (F2006L01770) outlines the framework for the payment of fees by students and others to the Australian National University (ANU). Section 19 of the Statute establishes the mechanism for the University to set fees, including student contribution amounts and tuition fees, which are integral to the operation of the institution (section 19). These fees are referenced in the Higher Education Support Act 2003, which mandates the collection of such fees to support educational services (section 19-85). Additionally, the Statute provides the authority for the University to make Orders that determine the specific amounts of these fees (section 20).
The Statute imposes several obligations on the University, including the responsibility to ensure that fees are paid in accordance with the Rules set forth in the Statute (section 19). The University must also ensure that the fees reflect the costs associated with providing educational services, and that they are communicated clearly to students and other stakeholders. The Statute requires that any changes to fees must be made through the prescribed legislative process and be subject to approval by the University Council (section 21). This ensures that fee changes are transparent and accountable.
Breaches of the provisions in the Statute can result in civil and criminal consequences. For instance, failure to pay fees as determined by the Orders can lead to legal action by the University to recover the unpaid amounts. The Statute does not specify maximum penalties for non-payment, but such breaches could result in court proceedings, which may incur additional costs and legal fees for the defaulting party. Furthermore, any misuse of the fee collection process or fraudulent activities related to fee payments could result in criminal charges under other relevant legislation, which may include fines or imprisonment. It is crucial for all parties involved to adhere to the provisions of the Statute to avoid these consequences.