Maritime College Amendment Act 1987

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Maritime College Amendment Act 1987

No. 126 of 1987

 

An Act to amend the Maritime College Act 1978

[Assented to 16 December 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Maritime College Amendment Act 1987.

(2) In this Act, “Principal Act” means the Maritime College Act 19781.

Commencement

2. (1) Section 1 and this section shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions shall come into operation immediately after the commencement of the States Grants (Tertiary Education Assistance) Act 1987.

 

 

 

17041/87 Cat. No. 87 5496 4


Fees

3. Section 32 of the Principal Act is amended:

(a) by omitting subsection (2) and substituting the following subsection:

“(2) The Council, with the approval of the Minister, may determine, or the Minister may direct, that fees are to be payable to the College:

(a) in respect of such matters as are specified in the determination or direction; and

(b) as provided in subsections (6) and (7).”; and

(b) by adding at the end the following subsections:

“(5) On application by the College, the Minister may specify, by notice published in the Gazette:

(a) post-graduate courses for the purposes of subsection (6); or

(b) courses of technical and further education for the purposes of subsection (7).

“(6) Fees may be payable, by a person who possesses educational qualifications and has earned a living at any time, in respect of undertaking, for the purpose of acquiring further qualifications, a post-graduate course specified under paragraph (5) (a).

“(7) Fees may be payable, by a person who has earned a living at any time, in respect of undertaking, for purposes other than an initial vocational qualification, a course specified under paragraph (5) (b).”.

Higher education administration charge

4. Section 32a of the Principal Act is amended:

(a) by omitting from paragraph (a) of the definition of “relevant enrolment” in subsection (1) “1984” and substituting “1987”;

(b) by omitting from paragraph (b) of the definition of “relevant enrolment” in subsection (1) “(ca) of the definition of ‘fees’ in subsection 3 (1) of the States Grants (Tertiary Education Assistance) Act 1984” and substituting “(d) of the definition of ‘fees’ in subsection 3 (1) of the States Grants (Tertiary Education Assistance) Act 1987”;

(c) by omitting paragraph (c) of the definition of “relevant enrolment” in subsection (1);

(d) by omitting paragraph (d) of the definition of “relevant enrolment” in subsection (1) and substituting the following paragraph:

“(d) the enrolment of:

(i) a person who at any time in that year has been in receipt of a pension, benefit or allowance from the Commonwealth, being a person specified for the purposes of subparagraph (c) (i) of the definition of


‘relevant enrolment’ in subsection 3 (1) of the States Grants (Tertiary Education Assistance) Act 1987; or

(ii) a person who at any time in that year has been the spouse of, and dependent on, another person specified for the purposes of subparagraph (c) (i) and subparagraph (c) (ii) of the definition of ‘relevant enrolment’ in subsection 3(1) of that Act;”;

(e) by inserting in paragraph (e) of the definition of “relevant enrolment” in subsection (1) “or exemption was provided” after “imposed”;

(f) by inserting in subsection (1) the following definitions:

“ ‘charge’ means higher education administration charge;

‘relevant date’ means a date specified by the Minister by notice published in the Gazette;”;

(g) by omitting subsection (2) and substituting the following subsections:

“(2) The College shall, in relation to the year commencing on 1 January 1987 and each subsequent year, impose in respect of that year an amount of charge as provided by this section in respect of each student liable to charge.

“(2a) Subject to this section, the student is liable to charge if:

(a) the student becomes enrolled, by a relevant enrolment, at the College during the year; or

(b) is undertaking a course or part of a course at the College at a relevant date in the year, although not enrolled at the College.

“(2b) Subject to this section, the student is liable to charge under subsection (2a):

(a) if paragraph (2a) (a) applies—on the date of enrolment; or

(b) if paragraph (2a) (b) applies—on the relevant date referred to in that paragraph.

“(2c) A student is not liable to charge on a date in the year if the student has become liable to charge on an earlier date in the year in respect of the College.

“(2d) A student is not liable to charge under paragraph (2a) (b) in respect of the College where the student would be a person of a kind referred to in paragraph (b) or (d) of the definition of ‘relevant enrolment’ in subsection (1) if the student were enrolled at the College.

“(2e) Where:

(a) at any time during the year, a student would be liable to charge in respect of the College but is not liable because the student is a person of a kind referred to in paragraph (b) or


(d) of the definition of ‘relevant enrolment’ in subsection (1); and

(b) at a later time in the year, the student is not such a person;

the student is not liable to charge in respect of the College in that year.

“(2f) The amount of charge to which a student becomes liable in the year is the amount of charge in respect of a relevant enrolment in the year determined under section 4d of the States Grants (Tertiary Education Assistance) Act 1984.”;

(h) by omitting from subsection (3) “higher education administration”; and

(j) by adding at the end of subsection (4) “except where that course is of less than 12 months’ duration and the person undertakes that course continuously”.

 

NOTE

1. No. 54, 1978, as amended. For previous amendments, see No. 80, 1982; No. 72, 1984; No. 65, 1985; and No. 137, 1986.

[Minister’s second reading speech made in—

House of Representatives on 5 November 1987

Senate on 19 November 1987]

Overview

The Maritime College Amendment Act 1987 was enacted to amend the Maritime College Act 1978, addressing the need to update and refine the provisions related to fees and charges at the Maritime College. This Act was passed by the Queen, in and with the advice and consent of the Senate and the House of Representatives of the Commonwealth of Australia. The primary policy objective of this Act is to align the Maritime College's fee structures and charge impositions with the changes introduced by the States Grants (Tertiary Education Assistance) Act 1987. This alignment ensures that the Maritime College's fee and charge policies are consistent with broader higher education reforms and financial assistance schemes introduced at the time. The Maritime College Amendment Act 1987 includes provisions to adjust the conditions under which fees can be imposed on students, as well as the criteria for imposing higher education administration charges. The Act specifies the types of courses for which fees can be charged and the categories of students who may be liable for such fees. Additionally, it modifies the definitions and criteria for determining relevant enrolments to reflect changes in the States Grants (Tertiary Education Assistance) Act 1987, ensuring that the Maritime College's fee and charge policies are in line with the latest legislative requirements.

Scope and Application

The Maritime College Amendment Act 1987 amends the Maritime College Act 1978, focusing on the regulation of fees and the imposition of higher education administration charges within the maritime college. This Act applies to the maritime college, its council, and students enrolled in the institution. It is applicable within the Commonwealth jurisdiction, governing the operations and financial transactions of the maritime college. The Act specifies that certain categories of students, including those who have earned a living at any time and those who have received Commonwealth pensions or benefits, are exempt from fees and charges under certain conditions. The Act also modifies the criteria and definitions relevant to determining fee and charge liability, including adjustments to the enrolment definitions and the specifics of when charges become applicable. The application and specifics of the Act can be further detailed or restricted through subordinate instruments issued by the Minister, as outlined in the provisions of the Act.

Key Provisions

The Maritime College Amendment Act 1987 (Act) amends the Maritime College Act 1978 (Principal Act) to modify certain aspects of fees and charges at the maritime college. Section 3 of the Act revises the provisions governing fees payable at the college. The Council, with the approval of the Minister, or the Minister themselves, may determine or direct fees payable in respect of specified matters, as outlined in subsection (2). The Act introduces new subsections (5), (6), and (7) that allow the Minister to specify post-graduate courses and courses of technical and further education by notice in the Gazette. Fees may be payable for post-graduate courses by those who have earned a living and possess educational qualifications, and for technical and further education courses by those who have earned a living, excluding initial vocational qualifications. In terms of obligations, the Act imposes specific duties on the Council and the Minister concerning the determination and direction of fees. Section 3(2) requires the Council to work with the Minister to set or direct fees, while subsections (5) to (7) mandate the Minister to specify courses for which fees may be charged, based on applications from the College. Section 32a of the Principal Act is also amended to modify the definition of “relevant enrolment” and to introduce a higher education administration charge. The College must impose this charge on each student liable to it for the year commencing on 1 January 1987 and each subsequent year. The Act does not explicitly detail offences, penalties, or consequences for breaches. However, non-compliance with the stipulated procedures for determining or directing fees, or imposing the higher education administration charge, could potentially lead to legal challenges or administrative penalties under the broader governance and administrative laws applicable to the college. The precise consequences would depend on the specific nature of the breach and the applicable laws at the time.

Legal classification tags

Area of Law
Education Law
Instrument
Act
Concepts
Commencement Provisions
Fees
Higher Education Administration Charge
Licensing & Registration
Reporting & Disclosure Obligations

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