Overseas Students Charge Amendment Act 1987

Legislation au C2004A03538 Not in force Act

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Overseas Students Charge Amendment Act 1987

No. 129 of 1987

 

An Act to amend the Overseas Students Charge Act 1979

[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 Overseas Students Charge Amendment Act 1987.

(2) In this Act, “Principal Act” means the Overseas Students Charge Act 19791.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.


Rates of charge

3. Section 6 of the Principal Act is amended:

(a) by omitting subsections (1) and (2) and substituting the following subsections:

“(1) The amount of charge imposed by this Act in respect of the enrolment of an overseas student in a university or advanced education course for a year after 31 December 1987 is:

(a) where the student is an eligible overseas student (Class A) in relation to the year:

(i) if the student is enrolled in a course of study in medicine, veterinary science or dentistry—$4,456; or

(ii) if subparagraph (i) does not apply—$3,663;

(b) where the student is an eligible overseas student (Class B) in relation to the year:

(i) if the student is enrolled in a course of study in medicine, veterinary science or dentistry—$5,999; or

(ii) if subparagraph (i) does not apply—$5,159; or

(c) in any other case:

(i) if the student is enrolled in a course of study in medicine, veterinary science or dentistry—$7,153; or

(ii) if subparagraph (i) does not apply—$6,313.

“(2) The amount of charge imposed by this Act in respect of the enrolment of an overseas student in a technical and further education course for a year after 31 December 1987 is:

(a) where the student is an eligible overseas student (Class A) in relation to the year—$593;

(b) where the student is an eligible overseas student (Class B) in relation to the year—$833; or

(c) in any other case—$1,018.”;

(b) by omitting from subsection (3) “1986” and “$300” and substituting “1987” and “$328” respectively;

(c) by inserting in subsection (4) “(Class A)” after “eligible overseas student”;

(d) by inserting in subsection (4a) “(Class A)” after “eligible overseas student”;

(e) by inserting after subsection (4a) the following subsections:

“(4b) For the purposes of this section, an overseas student who is enrolled in a university or advanced education course (not being a postgraduate student who is the holder of a scholarship awarded by the Australian-American Educational Foundation) for a year (in this subsection referred to as the ‘enrolment year’) is an eligible overseas student (Class B) in relation to the enrolment year if the student:


(a) was enrolled in a university or advanced education course after 31 December 1985 but before 1 January 1988; and

(b) was or is enrolled in:

(i) that course; or

(ii) if the student has, on one or more occasions, transferred his or her enrolment to another university or advanced education course—that other course;

for the enrolment year and for each year (if any) after 31 December 1987 and before the enrolment year.

“(4c) For the purposes of this section, an overseas student who:

(a) being a postgraduate student who is the holder of a scholarship awarded by the Australian-American Educational Foundation, is enrolled in a university or advanced education course; or

(b) is enrolled in a technical and further education course;

for a year (in this subsection referred to as the ‘enrolment year’) is an eligible overseas student (Class B) in relation to the enrolment year if the student:

(c) was enrolled in a university or advanced education course or a technical and further education course, as the case may be, after 31 December 1986 but before 1 January 1988; and

(d) was or is enrolled in:

(i) that course; or

(ii) if the student has, on one or more occasions, transferred his or her enrolment to another university or advanced education course or technical and further education course, as the case may be—that other course;

for the enrolment year and for each year (if any) after 31 December 1987 and before the enrolment year.”; and

(f) by omitting from subsection (5) “and (4a)” and substituting “, (4a), (4b) and (4c)”.

 

NOTE

1. No. 119, 1979, as amended. For previous amendments, see No. 61, 1981; No. 22, 1982; Nos. 68 and 84, 1983; Nos. 136 and 165, 1984; No. 155, 1985; and No. 138, 1986.

[Minister’s second reading speech made in—

House of Representatives on 29 October 1987

Senate on 5 November 1987]

Overview

The Overseas Students Charge Amendment Act 1987 (C2004A03538) was enacted to amend the Overseas Students Charge Act 1979, addressing the need to update the rates of charges imposed on overseas students enrolling in various courses in Australia. This Act was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, with the assent granted on 16 December 1987. The policy objective of the Act was to adjust the financial contributions required from overseas students to reflect the changing costs of providing educational services while maintaining the integrity of the educational framework for international students. The legislation primarily focuses on modifying the rates of charges for university, advanced education, and technical and further education courses, ensuring that the fees are reflective of the updated economic conditions and educational requirements of the time.

Scope and Application

The Overseas Students Charge Amendment Act 1987 is a Commonwealth Act that amends the Overseas Students Charge Act 1979. The Act applies to overseas students enrolled in Australian universities and other educational institutions. It is designed to modify the rates of charges imposed on overseas students for their enrolment in university or advanced education courses, as well as technical and further education courses. The Act applies to eligible overseas students in different categories, specifically Class A and Class B, with varying rates depending on the type of course and the specific circumstances of the student. The Act operates within the jurisdiction of the Commonwealth of Australia and its amendments are enacted through subordinate legislation. The Act does not explicitly mention any exclusions, exemptions, or thresholds; however, it provides detailed definitions and conditions under which different categories of overseas students are eligible for the amended charges. The Act's application is further extended and detailed through regulations and administrative actions, which are not outlined in the primary text of the Act itself.

Key Provisions

The Overseas Students Charge Amendment Act 1987 (No. 129 of 1987) amends the Overseas Students Charge Act 1979 (referred to as the Principal Act throughout this Act). This amendment specifically modifies Section 6 of the Principal Act, which governs the rates of the Overseas Students Charge (OSC) for overseas students enrolled in various courses in Australia. The Act introduces new rates for OSCs effective from a year after 31 December 1987, distinguishing between different types of courses and student categories. For instance, eligible overseas students (Class A) enrolled in university or advanced education courses in medicine, veterinary science, or dentistry are charged $4,456, whereas those in other courses are charged $3,663. Similarly, eligible overseas students (Class B) enrolled in the former courses are charged $5,999, and $5,159 for the latter. Other overseas students in university or advanced education courses are charged $7,153 or $6,313 respectively, while those in technical and further education courses are charged $1,018 or less depending on their eligibility class. The Act imposes certain obligations on educational institutions, primarily those that enrol overseas students. These institutions must ensure that they correctly identify the category of each student and apply the appropriate charge as stipulated in the amended Section 6. This includes verifying the student's eligibility status (Class A or B) and the type of course they are enrolled in, and then charging the appropriate fee. Additionally, institutions must keep accurate records of these charges and provide clear communication to students about the fees they owe. Breaches of the requirements set out in the Overseas Students Charge Amendment Act 1987 can lead to civil and criminal consequences. While the Act itself does not explicitly state penalties for non-compliance, the Principal Act may impose penalties for incorrect charging or failure to comply with the OSC regulations. Typically, penalties for such breaches can include fines, which may be substantial depending on the severity and frequency of the non-compliance. Additionally, ongoing non-compliance could result in legal action, reputational damage, and loss of accreditation for the educational institution.

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Education Law
Instrument
Act
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Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.