Overseas Students Charge Amendment Act 1988

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No. 139 of 1988

An Act to amend the Overseas Students Charge Act 1979

[Assented to 26 December 1988]

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 1988.

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

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Interpretation

3. Section 4 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “overseas student” and substituting the following definition:

“overseas student” means a person who:

(a) is not an Australian citizen; and

(b) is enrolled, or proposes to become enrolled, in a prescribed course or as a casual higher education student for a year;

but does not include:

(d) if the enrolment or proposed enrolment is in respect of a secondary education course—a person to whom subsection 8 (1) of the Migration Act 1958 applies; or

(e) if paragraph (d) does not apply—a person to whom subsection 8 (1) of the Migration Act 1958 applies other than a person referred to in paragraph (b) of that subsection;

(b) by omitting from the definition of “prescribed course” in subsection (1) “university or advanced” and substituting “higher”;

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

“ ‘casual higher education student’ means a student:

(a) enrolled at a higher education institution; and

(b) whose enrolment entitles him or her to study a subject or a number of subjects but does not entitle him or her to undertake a course of study offered by the institution;

‘course of study’ means a program that:

(a) comprises the study of a number of subjects; and

(b) is offered by a prescribed educational institution as a package aimed at imparting a certain level of education (whether of a general nature or in a particular field);

‘higher education course’ means:

(a) a course of study offered by a higher education institution; or

(b) a declared course;”;

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

“(2) References in this Act to:

(a) enrolment in a prescribed course for a year; and

(b) enrolment as a casual higher education student for a year;

are references respectively to:

(c) enrolment that entitles the person enrolled to undertake, at any time in that year, the prescribed course or a part of the prescribed course; and

(d) enrolment that entitles the person enrolled to undertake, at any time in that year, the study in respect of which the person is enrolled as such a student.”.

Imposition of charge

4. Section 5 of the Principal Act is amended by inserting “, or as a casual higher education student,” after “course”.

Rates of charge

5. 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 higher education course for a year after 31 December 1988 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 $4,546; or

(ii) if subparagraph (i) does not apply — $3,753;

(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 $6,128; or

(ii) if subparagraph (i) does not apply $5,288; or

(i) if the student is enrolled in a course of study in medicine, veterinary science or dentistry - $7,311; or

(ii) if subparagraph (i) does not apply - $6,471.

“(2) The amount of charge imposed by this Act in respect of the enrolment of an overseas student as a casual higher education student for a year after 31 December 1988 is $6,471.

“(2a) 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 1988 is:

(a) where the student is an eligible overseas student (Class A) in relation to the year—$606;

(b) where the student is an eligible overseas student (Class B) in relation to the year—$853; or

(b) by omitting from subsection (3) “1987” and “$328” and substituting “1988” and “$350” respectively;

(c) by omitting from subsections (4), (4a), (4b) and (4c) “university or advanced” (wherever occurring) and substituting “higher”.

6. Section 6a of the Principal Act is repealed and the following section is substituted:

Charge not payable in certain cases

“6a. Where:

(a) an overseas student is enrolled in a prescribed course or as a casual higher education student for a year; and

(b) the student is not required to attend, at any time during that year, the prescribed educational institution at which he or she is enrolled in connection with the study undertaken in the course or as a casual higher education student;

the charge is not payable in respect of the student’s enrolment for that year.”.

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; No. 138, 1986; No. 129, 1987; and No. 80, 1988.

[Minister’s second reading speech made in—

House of Representatives on 3 November 1988

Senate on 25 November 1988]

Overview

The Overseas Students Charge Amendment Act 1988 (No. 139 of 1988) amends the Overseas Students Charge Act 1979 to update the definition of an "overseas student" and modify the criteria for imposing the charge on such students. The Act was enacted by the Parliament of Australia to address the need for updating the definitions and rates in response to changes in the educational landscape and to ensure the charge remains relevant. This Act broadens the definition of "overseas student" to include those enrolled in higher education courses, while excluding certain categories of students such as those holding permanent entry permits. Additionally, it adjusts the rates of the charge based on the type of course and student eligibility, reflecting the varying costs associated with different educational programs. The policy objective of the Act is to ensure the Overseas Students Charge remains fair and reflective of the true cost of providing higher education to overseas students.

Scope and Application

The Overseas Students Charge Amendment Act 1988 amends the Overseas Students Charge Act 1979 to modify the definitions and charges applicable to overseas students. This Act applies to individuals who are not Australian citizens and are enrolled or propose to become enrolled in a prescribed higher education course or as a casual higher education student for a year. It excludes certain individuals such as holders of permanent entry permits and those covered by specific provisions of the Migration Act 1958. The Act applies across the Commonwealth of Australia and its provisions can be extended or restricted through subordinate instruments. It specifies the rates of charges for different categories of overseas students and also includes provisions for when the charge is not payable, such as when the student does not attend the educational institution during the year. The amendments made by this Act came into effect on the day of its Royal Assent.

Key Provisions

The Overseas Students Charge Amendment Act 1988 amends the Overseas Students Charge Act 1979 to update the definition of "overseas student" and to redefine "prescribed course" and related terms. An overseas student is now defined as someone who is not an Australian citizen and is enrolled or intends to be enrolled in a prescribed higher education course for a year, but this excludes holders of permanent entry permits and certain persons under the Migration Act 1958 (section 3). The term "prescribed course" now refers to a higher education course, and "higher education course" is defined as a course of study offered by a higher education institution or a declared course (section 3). The Act also introduces the concept of a "casual higher education student" as someone enrolled at a higher education institution who is studying subjects but not enrolled in a full course of study (section 3). The Act imposes specific obligations on overseas students and educational institutions. Overseas students must pay the prescribed charge for their enrolment in higher education courses or as casual higher education students, unless they are not required to attend the educational institution for their studies (section 4 and 6a). Educational institutions are required to determine whether an overseas student is required to attend and must not charge the fee if the student is not required to attend (section 6a). Breach of the provisions regarding the payment of the Overseas Students Charge can result in legal consequences. While the Act itself does not explicitly detail penalties for non-payment, it is reasonable to infer that failure to comply with the charge requirements could lead to legal action, fines, or other penalties under the broader administrative or education laws of Australia. The specific penalties would depend on the jurisdiction and the nature of the breach.

Area of Law: Education Law
Instrument: Act
Concepts: Definitions & Interpretation; Repeal & Amendment; Rates of charge

Interactions

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.

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