Overseas Students Charge Amendment Act
1990
No. 133 of 1990
An Act to amend the Overseas Students Charge Act 1979
[Assented to 28 December 1990]
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 1990.
(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.
Rates of charge
3. Section 6 of the Principal Act is amended:
(a) by omitting from subsections (1), (2), (2a) and (3) “1989” and substituting “1990”;
(b) by omitting from subparagraph (1) (a) (i) “$4,939” and substituting “$5,236”;
(c) by omitting from subparagraph (1) (a) (ii) “$4,146” and substituting “$4,443”;
(d) by omitting from subparagraph (1) (b) (i) “$6,681” and substituting “$7,099”;
(e) by omitting from subparagraph (1) (b) (ii) “$5,841” and substituting “$6,259”;
(f) by omitting from subparagraph (1) (c) (i) “$7,986” and substituting “$8,498”;
(g) by omitting from subparagraph (1) (c) (ii) “$7,146” and substituting “$7,658”;
(h) by omitting from subsection (2) “$7,146” and substituting “$7,658”;
(j) by omitting from paragraph (2a) (a) “$653” and substituting “$693”;
(k) by omitting from paragraph (2a) (b) “$918” and substituting “$974”;
(m) by omitting from paragraph (2a) (c) “$1,122” and substituting “$1,191”;
(n) by omitting from subsection (3) “$378” and substituting “$398”.
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 Nos. 80 and 139, 1988; No. 178, 1989; and No. 12, 1990.
[Minister’s second reading speech made in—
House of Representatives on 10 October 1990
Senate on 7 November 1990]
Overview
The Overseas Students Charge Amendment Act 1990 (C2004A04064) was enacted to amend the Overseas Students Charge Act 1979, updating the rates of the Overseas Students Charge to reflect the new financial year. This Act was assented to on 28 December 1990 and was passed by the Queen, in Parliament, following the agreement of the Senate and the House of Representatives. The primary objective of this amendment was to adjust the fees charged to international students, ensuring they remained aligned with the current economic conditions and the costs associated with providing education services. The Act introduced updated rates for various categories of courses and levels of study, as specified in Section 6 of the Principal Act.
Scope and Application
The Overseas Students Charge Amendment Act 1990 amends the Overseas Students Charge Act 1979, and applies to overseas students who are charged a fee to access higher education in Australia. The Act applies to students who are not Australian citizens, Australian permanent residents, or New Zealand citizens. The amendment primarily adjusts the rates of the charge to reflect the changes in the financial year 1990. The Act has a national reach, applying across the Commonwealth of Australia, and does not specify any exclusions, exemptions, or thresholds. The application and enforcement of the Act may be further detailed in subordinate instruments or regulations.
Key Provisions
The Overseas Students Charge Amendment Act 1990 amends the Overseas Students Charge Act 1979 (Principal Act). It adjusts the rates of charge for the Overseas Students Charge (section 3). The updated rates include the replacement of previous monetary values with new ones, reflecting the changes for the year 1990. For instance, the charge for a full-time place in a higher education course rises from $4,939 to $5,236, and the charge for a part-time place in such a course rises from $4,146 to $4,443. Similarly, other specified charges for full-time and part-time places in vocational education and training courses are also adjusted.
The Act imposes specific obligations on educational institutions that participate in the higher education sector and are subject to the charge. These institutions must comply with the updated charge rates as specified in the amended section 6 of the Principal Act. They are required to accurately calculate and collect the Overseas Students Charge from eligible students based on these new rates. Failure to adhere to these updated rates could result in non-compliance with the Act, potentially leading to legal consequences.
Breaches of the Overseas Students Charge Amendment Act 1990 may result in various consequences. Educational institutions that do not comply with the new charge rates could face enforcement actions, including fines or other penalties as prescribed by the Principal Act. The exact penalties and enforcement mechanisms are detailed in the Principal Act, which includes both civil and criminal penalties for non-compliance. The specific maximum penalties are stipulated in the Principal Act, and failure to adhere to the amended rates could lead to serious repercussions for the institutions involved.