Overseas Students Charge Amendment Act 1992
No. 162 of 1992
An Act to amend the Overseas Students Charge Act 1979
[Assented to 11 December 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Overseas Students Charge Amendment Act 1992.
(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) “1991” and substituting “1992”;
(b) by omitting from subparagraph (1)(a)(i) “$5,541” and substituting “$5,954”;
(c) by omitting from subparagraph (1)(a)(ii) “$4,748” and substituting “$5,161”;
(d) by omitting from subparagraph (1)(b)(i) “$7,528” and substituting “$8,109”;
(e) by omitting from subparagraph (1)(b)(ii) “$6,688” and substituting “$7,269”;
(f) by omitting from subparagraph (1)(c)(i) “$9,022” and substituting “$9,732”;
(g) by omitting from subparagraph (1)(c)(ii) “$8,182” and substituting “$8,892”;
(h) by omitting from subsection (2) “$8,182” and substituting “$8,892”;
(i) by omitting from paragraph (2A)(a) “$712” and substituting “$719”;
(j) by omitting from paragraph (2A)(b) “$1,001” and substituting “$1,011”;
(k) by omitting from paragraph (2A)(c) “$1,223” and substituting “$1,236”;
(l) by omitting from subsection (3) “$414” and substituting “$428”.
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; Nos. 80 and 139, 1988; No. 178, 1989; Nos. 12 and 133, 1990; and No. 144, 1991.
[Minister’s second reading speech made in—
House of Representatives on 7 October 1992
Senate on 4 November 1992]
Overview
The Overseas Students Charge Amendment Act 1992 was enacted to amend the Overseas Students Charge Act 1979, addressing the need to update the rates of charges imposed on overseas students. This Act was introduced by the Parliament of Australia with the objective of ensuring the charges reflect the current economic conditions and the costs associated with providing education to international students. The legislation provides for the adjustment of various charge rates to maintain the financial viability of educational institutions and to ensure the ongoing quality of education provided to overseas students.
The Overseas Students Charge Amendment Act 1992 amends Section 6 of the Principal Act to adjust the charge rates for different categories of courses, effective from 1992. The amendments involve updating the financial figures to account for inflation and other economic factors, ensuring that the fees remain fair and reflective of the costs incurred by educational institutions. The policy objective underpinning this amendment is to support the educational sector by maintaining adequate revenue streams from overseas students, which in turn facilitates the provision of quality educational services.
Scope and Application
The Overseas Students Charge Amendment Act 1992 applies to amendments of the Overseas Students Charge Act 1979, primarily focusing on the adjustment of the rates of the charges imposed on overseas students enrolled in designated educational institutions in Australia. This Act applies to overseas students, educational institutions, and other entities involved in the administration and collection of the Overseas Students Charge. The legislative scope extends across the entire Commonwealth of Australia, impacting students from overseas irrespective of their course or institution type. The Act does not explicitly state exclusions or exemptions, but they are generally found in the Principal Act, which may include certain categories of students or courses. The application of the Act is further extended and potentially restricted through subordinate instruments such as regulations or guidelines that may be issued under the authority of the Principal Act. These instruments provide additional detail on the implementation and enforcement of the charges.
Key Provisions
The Overseas Students Charge Amendment Act 1992 primarily serves to update the rates of the Overseas Students Charge (OSC) under the Overseas Students Charge Act 1979. Section 3 of the Amendment Act specifically amends Section 6 of the Principal Act to reflect the new financial year, 1992. This involves updating the charge amounts across various categories, such as undergraduate courses, postgraduate courses, and vocational education and training. For instance, the charge for undergraduate courses has been adjusted from $5,541 to $5,954, and for postgraduate courses, from $4,748 to $5,161. The amendment ensures that the fees are aligned with the current financial year, providing a clear and updated framework for educational institutions and students.
The obligations imposed by the Amendment Act on educational institutions and students are primarily concerned with compliance with the updated charge rates. Educational institutions must ensure they are charging the correct amount as specified in the Act. This includes updating their billing systems and informing students of the new rates. Students, in turn, are required to pay the updated charges as stipulated. Failure to comply with these obligations can lead to discrepancies in billing and potential disputes over the correct amount due.
The Amendment Act does not explicitly state offences, penalties, or civil/criminal consequences for breaches of the updated charge rates. However, under the Principal Act, failure to comply with the OSC provisions may lead to civil or administrative penalties. For example, educational institutions may face fines or other sanctions for non-compliance. It is important for both educational institutions and students to adhere to the updated rates to avoid any potential legal or financial repercussions. While the Amendment Act itself does not detail specific penalties, the overarching framework provided by the Principal Act ensures that there are mechanisms in place to enforce compliance and address breaches.