Maritime College Amendment Act 1986

Overview

The Maritime College Amendment Act 1986 is an amendment to the Maritime College Act 1978, enacted to address the need for the Maritime College to impose a higher education administration charge in alignment with the States Grants (Tertiary Education Assistance) Act 1984. This Act was passed by the Queen, with the assent of both the Senate and the House of Representatives of the Commonwealth of Australia, and commenced on 6 January 1987. The policy objective is to standardise the administration charge for higher education courses at the Maritime College, ensuring consistency with other tertiary institutions while providing flexibility for certain categories of enrolments that are exempt from the charge. The Act introduces a new section, 32a, which specifies the conditions under which the higher education administration charge applies and the consequences for students who fail to pay the charge by the stipulated deadline.

Scope and Application

The Maritime College Amendment Act 1986 amends the Maritime College Act 1978 by introducing a new provision concerning the imposition of a higher education administration charge by the College. This Act applies to enrolments at the College for courses of study or instruction that lead to the granting of a degree, diploma, or other award by the College, but excludes certain categories of enrolment, including those of technical and further education, overseas students, re-enrolments within the same academic year, and specific classes of persons outlined in the States Grants (Tertiary Education Assistance) Act 1984. The application of this Act is confined to the Commonwealth jurisdiction. The Act mandates that the College impose a charge for each relevant enrolment, with the amount corresponding to that set under section 4d of the States Grants (Tertiary Education Assistance) Act 1984. Failure to pay the charge by the final payment day results in the cessation of enrolment unless otherwise determined by the Principal. The Act does not explicitly mention any exclusions, exemptions, or thresholds beyond those already specified, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The Maritime College Amendment Act 1986 introduces several key provisions to the Maritime College Act 1978, primarily concerning the imposition of a higher education administration charge on students enrolled in certain courses at the College. Section 32a(1) defines "relevant enrolment" as the enrolment of a person to undertake a course of study or instruction at the College, leading to the granting of a degree, diploma, or other award. However, this definition excludes enrolments in specific circumstances, such as technical and further education courses, overseas student enrolments, re-enrolments within the same year, and enrolments for which the College provides a scholarship with a living allowance of at least $1,000 per annum. Section 32a(2) mandates that the College impose a higher education administration charge on each relevant enrolment at the College, aligning with the amount specified under section 4d of the States Grants (Tertiary Education Assistance) Act 1984 for the relevant year. The Act imposes several obligations on the parties it governs. The College is required to impose the higher education administration charge on relevant enrolments as per the defined criteria and the applicable amount from the States Grants (Tertiary Education Assistance) Act 1984. Students must pay this charge before the final payment day for their course or part of their course in that year. Failure to pay the charge by this deadline results in the student ceasing to be enrolled in the course or part of the course for that year, unless the Principal determines otherwise. The Act also clarifies that if a student's enrolment spans multiple years, they are deemed to be enrolled in each year in which they undertake a part of the course. The Maritime College Amendment Act 1986 includes provisions for penalties and consequences in case of non-compliance. Specifically, Section 32a(3) states that a student who fails to pay the higher education administration charge by the final payment day will cease to be enrolled in the course or part of the course unless the Principal decides otherwise. This consequence underscores the importance of timely payment and compliance with the charge imposition provisions. The Act does not specify additional penalties or consequences for non-payment beyond the cessation of enrolment, but it is clear that adherence to the payment deadlines is critical to maintain enrolment status.