Overseas Students Charge Collection Amendment Act 1986

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Overseas Students Charge Collection Amendment Act 1986

No. 139 of 1986

 

An Act to amend the Overseas Students Charge Collection Act 1979

[Assented to 9 December 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Overseas Students Charge Collection Amendment Act 1986.

(2) The Overseas Students Charge Collection Act 19791 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which the Overseas Students Charge Amendment Act 1986 comes into operation.

3. After section 4 of the Principal Act the following section is inserted:

Exemption from charge

“4a. (1) Each of the following students is exempt from payment of the charge:

(a) a postgraduate student who is the holder of a scholarship awarded by an institution before 1 January 1987 for study at that institution and who commenced that study before that date, being a scholarship that entitles the holder to an amount by way of living allowance of at least $3,500 per annum, not including any amount payable in respect of the holder’s dependants;


(b) a student who is enrolled in a course at an institution as a result of a reciprocal exchange agreement between that institution and an overseas tertiary education institution, being an agreement specified by an authorised officer for the purposes of this paragraph;

(c) a student who is enrolled in a secondary education course at a secondary school as a result of a reciprocal exchange agreement between—

(i) that secondary school and an overseas secondary education institution or an overseas organisation; or

(ii) an organisation in Australia and an overseas secondary education institution or an overseas organisation,

being an agreement specified by an authorised officer for the purposes of this paragraph;

(d) a student who is enrolled in a course of external study conducted by an institution, being a course that requires a period of study at the institution of not more than 6 weeks in a year;

(e) a student who is—

(i) the holder of a scholarship awarded by the Commonwealth, a specialised agency of the United Nations Organization or the government of another country, being a scholarship that entitles the holder to an amount by way of living allowance of at least $3,500 per annum, not including any amount payable in respect of the holder’s dependants; and

(ii) enrolled in a course offered by an institution, being a course that is offered by the institution as the result of an arrangement entered into between the institution and the Commonwealth, a specialised agency of the United Nations Organization or the government of another country and that is specified by an authorised officer for the purposes of this paragraph;

(f) a student in respect of whom an officer of the Department of Immigration and Ethnic Affairs authorised by the Minister for Education for the purpose has issued a certificate stating that the student is a refugee or a stateless person;

(g) a student who—

(i) was, at the time of enrolment in a prescribed course for a year, a person to whom paragraph (b) or (c) of the definition of ‘overseas student’ in sub-section 4 (1) of the Overseas Students Charge Act 1979 applied in relation to that course; and

(ii) during that year, ceases to be such a person;

(h) a student who—

(i) before 1 October 1979, entered Australia in order to undertake the final year or the final 2 years of a secondary education course;


(ii) completed that course in the year 1979, 1980 or 1981; and

(iii) enrolled in a prescribed course in the year next succeeding that completion;

(j) a student who—

(i) entered Australia to undertake an intensive English course before enrolling in a prescribed course;

(ii) during the period that commenced on 1 January 1979 and ended on 1 October 1979, commenced an intensive English course in Australia and successfully completed the course; and

(iii) enrolled in a prescribed course in 1980 or 1981;

(k) a student who undertakes a prescribed course for which the institution at which the course is undertaken charges a fee the amount of which is, in the opinion of the Minister, greater than or equal to the whole of the cost of that course; and

(m) a student who is exempted from payment of the charge by the regulations.

“(2) An authorised officer shall not specify an agreement for the purposes of paragraph (1) (b) or (c) unless—

(a) the number of overseas students enrolled as a result of the agreement at the institution in Australia is similar to the number of Australian students enrolled as a result of the agreement at the overseas education institution; and

(b) the courses offered, and the financial arrangements made in respect of travel, maintenance and tuition, for overseas students enrolled at the institution in Australia as a result of the agreement are similar to the courses offered, and the financial arrangements made in respect of travel, maintenance and tuition, for Australian students enrolled at the overseas education institution as a result of the agreement.

“(3) The exemption conferred on a student under paragraph (1) (h) or (j) extends to enrolment in respect of each succeeding year of the prescribed course referred to in that paragraph.

“(4) Where a student who is exempt from charge under paragraph (1) (h) or (j) enrols in a prescribed course that, under sub-section 7 (2) or 7a (3) of the Overseas Students Charge Act 1979, is to be treated as the same course as another course, the student is exempt from charge in respect of his or her enrolment in the first-mentioned course.

“(5) Where—

(a) the enrolment in a prescribed course of a student who is exempt from charge under paragraph (1) (h) or (j) is interrupted by a period of deferment approved by the institution offering the course; and


(b) the enrolment is resumed in accordance with the terms of the approval as specified at the time of giving the approval,

the student shall be deemed to be enrolled in respect of that course during that interruption.”.

Special arrangements for discharge of liability

4. Section 7 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) a Department or authority of the Commonwealth has, before 1 January 1987, granted a postgraduate scholarship or like award to a person for the purpose of assisting the person to undertake a prescribed course in a year and the person commenced the prescribed course before that date,”.

 

NOTE

1. No. 120, 1979, as amended. For previous amendments, see No. 23, 1982; and No. 165, 1984.

[Minister’s second reading speech made in—

House of Representatives on 19 August 1986

Senate on 17 November 1986]

Overview

The Overseas Students Charge Collection Amendment Act 1986 was enacted to amend the Overseas Students Charge Collection Act 1979, which had established the framework for collecting charges from overseas students in Australia. This amendment was introduced to address the need for refining the criteria for exemptions from these charges, ensuring a more equitable application of the legislation. The Act was passed by the Parliament of Australia, comprising the Queen, the Senate, and the House of Representatives, with the primary objective of enhancing the administration of student charges by specifying additional categories of students exempt from the Overseas Students Charge. This amendment aimed to provide clarity and ensure that certain groups of students who would otherwise be subject to the charge are appropriately exempted, reflecting a policy to support educational exchanges and recognise the contributions of scholarship recipients and refugees.

Scope and Application

The Overseas Students Charge Collection Amendment Act 1986 applies to overseas students in Australia who are liable for the Overseas Students Charge as stipulated in the Overseas Students Charge Collection Act 1979. This Act amends the Principal Act by introducing exemptions for certain categories of students from the payment of the charge. The exemptions apply to students holding specific scholarships, those participating in reciprocal exchange agreements, students enrolled in short-term courses of external study, refugees or stateless persons, and others as defined in section 4a. The Act extends its reach nationally, applying to all institutions providing education to overseas students across Australia. Notably, it specifies that an authorised officer can only specify an agreement for reciprocal exchange purposes if certain conditions are met, ensuring fairness in student enrolments. The Act also adjusts the conditions under which certain scholarship holders are exempt from the charge, providing further clarification and adjustment to the criteria. The Act's provisions are enforceable through the regulations, which may further detail the implementation and administration of these exemptions.

Key Provisions

The Overseas Students Charge Collection Amendment Act 1986 (Act) amends the Overseas Students Charge Collection Act 1979 (Principal Act). It introduces several exemptions from the Overseas Students Charge (section 4a), including for postgraduate students holding certain scholarships, students enrolled under reciprocal exchange agreements, those enrolled in short-term courses, and students with certain types of scholarships (subsection 4a(1)). The Act also provides for special arrangements for discharging liability for students who have been granted specific scholarships by Commonwealth authorities prior to 1 January 1987 (section 4). The Act imposes obligations on authorised officers to ensure that the agreements specified under reciprocal exchange arrangements meet certain criteria. Specifically, these criteria include that the number of overseas students enrolled in Australia should be similar to the number of Australian students enrolled overseas, and that the courses offered and financial arrangements for students in both locations should be comparable (subsection 4a(2)). Furthermore, the Act mandates that students who are exempt under certain provisions (subsection 4a(1)(h) and (j)) remain exempt for each succeeding year of their prescribed course, unless their enrolment is interrupted by an approved deferment (subsections 4a(3) and (5)). There are no specific offences or penalties outlined in the Act itself. However, breaches of the requirements or conditions set out in the Act, such as non-compliance with the criteria for reciprocal exchange agreements, may result in civil or administrative consequences under the Principal Act or other relevant legislation. The maximum penalties for such breaches would be determined according to the provisions of the Principal Act or other applicable laws.

Legal classification tags

Area of Law
Education Law
Instrument
Amending Act
Concepts
Commencement Provisions
Exemptions & Exclusions
Reporting & Disclosure Obligations

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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.