Overseas Students Charge Amendment Act (No. 2) 1989

Overview

The Overseas Students Charge Amendment Act (No. 2) 1989 was enacted to amend the Overseas Students Charge Act 1979, specifically addressing the need to refine the definitions related to overseas students, thereby ensuring the applicability of the charge to the correct categories of students. This Act was enacted by the Queen, in accordance with the legislative process of the Commonwealth of Australia, and it commenced on the same date as the commencement of section 4 of the Migration Legislation Amendment Act 1989. The policy objective underlying this amendment is to accurately define who qualifies as an overseas student for the purposes of the charge, thereby ensuring the proper administration of the charge and its alignment with the broader migration legislation.

Scope and Application

The Overseas Students Charge Amendment Act (No. 2) 1989 amends the Overseas Students Charge Act 1979 to redefine the term "overseas student" to clarify the scope of students who are subject to the charge. This amendment applies to persons who are holders of a valid permanent entry permit, exempt non-citizens enrolled in secondary education, and exempt non-citizens not otherwise specified. The Act is applicable to individuals and entities involved in the administration and collection of the charge, as well as educational institutions that enrol students subject to the charge. The legislation operates at the Commonwealth level, affecting educational institutions and students across Australia. Notably, the Act does not explicitly exclude any particular groups or circumstances, although the definitions provided indirectly limit its application to specific categories of non-citizens. The Act’s provisions can be further specified or extended through subordinate legislation, although the primary statute itself does not explicitly detail such extensions or restrictions.

Key Provisions

The Overseas Students Charge Amendment Act (No. 2) 1989 makes specific amendments to the Overseas Students Charge Act 1979 (referred to as the "Principal Act"). The most significant changes are found in Section 3, which modifies the definition of "overseas student" by omitting and substituting certain paragraphs. Specifically, the new definition in subsection (1) now includes a person who is the holder of a valid permanent entry permit, an exempt non-citizen if enrolled in a secondary education course, or an exempt non-citizen if not enrolled in such a course but not falling under a specific exclusion. Additionally, the definitions of "permanent entry permit" and "temporary entry permit" have been removed from subsection (1). The Act imposes several obligations and requirements on the parties it governs. Primarily, educational institutions that charge overseas students must comply with the updated definition of "overseas student" as stipulated in the Principal Act. This includes ensuring that only those students who fall under the revised criteria are charged the Overseas Students Charge. The Act also requires that the charge be applied consistently and in accordance with the provisions outlined in the Principal Act. Breaches of the Overseas Students Charge Amendment Act (No. 2) 1989 can result in various consequences. Under the Principal Act, failure to comply with the requirements for the Overseas Students Charge could lead to civil or criminal penalties. The specific nature and severity of these penalties are detailed in the Principal Act, which the Amendment Act references. Generally, penalties may include fines and other sanctions as prescribed by the relevant legislative framework. The maximum penalties would depend on the specific breach and the provisions of the Principal Act.