Overseas Students Charge Amendment Act
1989
No. 12 of 1990
An Act to amend the Overseas Students Charge Act 1979[D1]
[[D2]Assented to 17 January 1990][D3]
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 1989.
(2) In this Act, “Principal Act” means the Overseas Students Charge Act 1979'[D4][D5].
Commencement
2. This Act commences 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 from subsections (1), (2), (2a) and (3) “1988” and substituting “1989”;
(b) by omitting from subparagraph (1) (a) (i) “$4,546” and substituting “$4,939”;
(c) by omitting from subparagraph (1) (a) (ii) “$3,753” and substituting “$4,146”;
(d) by omitting from subparagraph (1) (b) (i) “$6,128” and substituting “$6,681”;
(e) by omitting from subparagraph (1) (b) (ii) “$5,288” and substituting “$5,841”;
(f) by omitting from subparagraph (1) (c) (i) “$7,311” and substituting “$7,986”;
(g) by omitting from subparagraph (1) (c) (ii) “$6,471" and substituting “$7,146”;
(h) by omitting from subsection (2) “$6,471” and substituting “$7,146”;
(j) by omitting from paragraph (2a) (a) “$606” and substituting “$653”;
(k) by omitting from paragraph (2a) (b) “$853” and substituting “$918”;
(m) by omitting from paragraph (2a) (c) [D6]“$1,042” and substituting “$1,122”;
(n) by omitting from subsection (3) “$350” and substituting “$378”.
NOTE[D7]
1. No. 119, 1979, [D8]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 Nos. 80 and 139, 1988.
[Minister's second reading speech made in—
House of Representatives on 2 November 1989
Senate on 13 December 1989]
[D4]replace with superscript 1, not italics
[D8]reduce font size of notes text?
Overview
The Overseas Students Charge Amendment Act 1989, assented to on 17 January 1990, was enacted by the Queen, with the Senate and the House of Representatives of the Commonwealth of Australia. This Act amends the Overseas Students Charge Act 1979 to update the charge rates for overseas students, reflecting the changes in the fiscal year from 1988 to 1989. The policy objective is to ensure that the fees charged to overseas students are kept in line with the current economic conditions and operational costs associated with their education. The revised rates were designed to maintain the financial sustainability of educational institutions while continuing to attract international students to Australia.
The Act was introduced to address the need for periodic adjustments to the fees charged to overseas students to ensure that the revenue generated adequately covers the costs of providing education and related services. By updating the charge rates, the Act aims to balance the financial requirements of educational institutions with the affordability for overseas students, thereby supporting the continued influx of international students and their contribution to the Australian economy.
Scope and Application
The Overseas Students Charge Amendment Act 1989 applies to the rates of the Overseas Students Charge imposed under the Overseas Students Charge Act 1979. The charge applies to students from overseas who are enrolled in eligible courses at Australian educational institutions. The Act amends the Principal Act by updating the rates of the charge for the year 1989, replacing the previous rates set for 1988. This legislative change ensures that the fees charged to international students are reflective of the most recent fiscal year, thus maintaining the financial sustainability of the educational institutions. The Act applies across the Commonwealth of Australia, as it amends a federal law, and thus impacts educational institutions and students throughout the nation. There are no stated exclusions or exemptions within the text of the Act itself, though specific provisions may be outlined in the Principal Act. The application of the Act is further extended through subordinate instruments that may specify additional details or conditions regarding the implementation of the amended charges.
Key Provisions
The Overseas Students Charge Amendment Act 1989 (Act) amends the Overseas Students Charge Act 1979 (Principal Act) by adjusting the rates of the Overseas Students Charge (OSC) for the year 1989. Section 6 of the Principal Act has been revised to reflect updated charge rates for various categories of students. Specifically, the Act increases the charges for undergraduate courses, postgraduate courses, and higher degree research courses for the academic year 1989.
Under the Act, there are specific obligations placed on educational institutions that must charge the OSC to eligible overseas students. These institutions are required to ensure that the correct charges, as amended by the Act, are applied to the relevant students. The institutions must also provide clear and accurate information regarding the OSC to prospective students, ensuring that they are aware of the fees they will incur as a result of these amendments. This includes updating any advertising, brochures, and other materials to reflect the new charge rates.
The Act does not explicitly outline specific offences or penalties for non-compliance with the amended charge rates. However, under the Principal Act, there are provisions that allow for enforcement actions against institutions that fail to comply with the requirements of the OSC. These may include fines, corrective notices, or other administrative actions to ensure compliance with the Act. The penalties for non-compliance can be severe, depending on the nature and extent of the breach, and can include financial penalties or other sanctions that may affect the institution’s operations or reputation. It is crucial for educational institutions to adhere to the requirements set out in the Act to avoid any potential legal or financial repercussions.