Overseas Students Charge Collection Amendment Act 1988

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No. 140 of 1988

An Act to amend the Overseas Students Charge Collection Act 1979

[Assented to 26 December 1988]

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 Collection Amendment Act 1988.

(2) In this Act, “Principal Act” means the Overseas Students Charge Collection Act 19791.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Payment of charge

3. Section 4 of the Principal Act is amended by inserting in subsection (1) “, or as a casual higher education student,” after “course”.

Exemption from charge

4. Section 4a of the Principal Act is amended:

(a) by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) a student who is enrolled in a prescribed course or as a casual higher education student as a result of a reciprocal exchange agreement between:

(i) a tertiary education institution and an overseas tertiary education institution or an overseas organisation; or

(ii) an organisation in Australia and an overseas tertiary education institution or an overseas organisation;

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

(b) by omitting from paragraph (1) (f) “Department of Immigration and Ethnic Affairs” and substituting “Department that deals with matters relating to migration”;

(d) by omitting from paragraph (1) (k) “and”;

(e) by inserting after paragraph (1) (k) the following paragraph:

“(ka) a casual higher education student in respect of whose enrolment the institution at which the student is enrolled charges a fee that is, in the opinion of the Minister, greater than or equal to the whole of the cost incurred by the institution in respect of the study undertaken by the student;”;

(f) by omitting subsection (2) and substituting the following subsection:

“(2) An authorised officer shall not specify an agreement for the purposes of paragraph (1) (b) or (c) unless, as a result of the agreement:

(a) the number of overseas students enrolled at institutions in Australia is equal to the number of Australian students enrolled at overseas education institutions; and

(b) the studies to be undertaken by, and the financial arrangements in respect of travel, maintenance and tuition made for, overseas students enrolled at institutions in Australia are similar to the studies to be undertaken by, and the financial arrangements in respect of travel, maintenance and tuition made for, Australian students enrolled at overseas education institutions.”.

5. Section 5 of the Principal Act is repealed and the following section is substituted:

Change in enrolment during year

“5. Where:

(a) an overseas student who has paid an amount of charge in respect of an enrolment (whether in a prescribed course or as a casual higher education student) for a year, at any time during that year, transfers from that enrolment to another enrolment (whether in a prescribed course or as a casual higher education student) for that year; and

(b) a charge is payable by the student in respect of that other enrolment;

the amount of charge to which the student would, but for this section, be liable in respect of that other enrolment is reduced by so much of the amount of charge paid in respect of the first-mentioned enrolment as is not, or has not been, refunded to the student under the regulations.”.

Grant of temporary entry permits to overseas students

6. Section 6 of the Principal Act is amended by omitting subsections (1) and (1a) and substituting the following subsections:

“(1) In spite of anything in the Migration Act 1958, an officer shall not grant under that Act a temporary entry permit to an overseas student who is enrolled (whether in a prescribed course or as a casual higher education student) at a prescribed educational institution for a year in which the permit is to be in force unless the officer is satisfied that:

(a) there has been paid to the Commonwealth, in accordance with the regulations, an amount in discharge of the liability (if any) of the student to pay a charge in respect of his or her enrolment at that institution for that year;

(b) any liability of the student to the charge in respect of his or her enrolment at that institution for that year will be discharged under subsection 7(1) or an arrangement has been entered into under subsection 7 (2) in relation to that charge; or

(c) the Commonwealth has accepted the responsibility for the payment of any charge in respect of the student’s enrolment at that institution for that year.

“(1a) Subsection (1) does not prohibit the grant of a temporary permit in respect of that part of a year that occurs before the day on which any charge in respect of the enrolment of the overseas student at a prescribed institution for that year becomes due for payment.”.

Special arrangements for discharge of liability

7. Section 7 of the Principal Act is amended:

(a) by omitting from paragraph (1) (a) “for Foreign Affairs” and “his enrolment in a prescribed course” and substituting “administering

the Department dealing with external affairs” and “the person’s enrolment at a prescribed educational institution” respectively;

(b) by omitting from subsection (1) “his enrolment in that course” and substituting “the person’s enrolment at that institution or in that course”;

(c) by omitting from subsection (2) “for Foreign Affairs” and “his enrolment in a prescribed course” and substituting “administering the Department dealing with external affairs” and “the person’s enrolment at a prescribed educational institution” respectively;

(d) by omitting from paragraph (3) (a) “of Foreign Affairs” and substituting “that deals with external affairs”.

NOTE

1. No. 120, 1979, as amended. For previous amendments, see No. 23, 1982; No. 165, 1984; and No. 139, 1986.

[Minister’s second reading speech made in—

House of Representatives on 3 November 1988

Senate on 25 November 1988]

Overview

The Overseas Students Charge Collection Amendment Act 1988, enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, amends the Overseas Students Charge Collection Act 1979 to introduce several modifications aimed at improving the management of fees and obligations for overseas students in Australia. This legislative amendment responds to the need for more precise regulation concerning the payment of fees by overseas students, their eligibility for fee exemptions, and the conditions under which temporary entry permits may be granted. The overarching policy objective of the Act is to ensure a balanced and equitable enrolment of overseas students in Australian institutions, facilitating an exchange of educational opportunities while maintaining the integrity of the financial obligations associated with such enrolments. The Act seeks to address the problem of ensuring that overseas students contribute appropriately to the costs incurred by institutions while also safeguarding the interests of Australian students abroad.

Scope and Application

The Overseas Students Charge Collection Amendment Act 1988 amends the Overseas Students Charge Collection Act 1979, primarily targeting overseas students enrolled in higher education in Australia. The Act applies to overseas students enrolled in prescribed courses or as casual higher education students, including those participating in reciprocal exchange agreements. It also applies to the institutions where these students are enrolled, and to the officers responsible for granting temporary entry permits to overseas students. The Act's jurisdiction extends throughout the Commonwealth of Australia, thereby impacting educational institutions and students nationwide. The Act includes specific exemptions, such as for students whose enrolment fees cover the full cost of their education, and those participating in reciprocal exchange agreements where the number of overseas and Australian students enrolled are equal, and their studies and financial arrangements are similar. The Act also allows for the modification and expansion of its scope through subordinate instruments, such as regulations, which can further define the implementation of the charge collection process and the specifics of exemptions and enrolment transfers.

Key Provisions

The Overseas Students Charge Collection Amendment Act 1988 (sections 3, 4, 5, 6, and 7) amends the Overseas Students Charge Collection Act 1979. It introduces several changes to the charge collection and exemption processes for overseas students. Section 3 amends the definition of when a student is required to pay the overseas students charge, now including casual higher education students. Section 4 revises the exemptions from the charge, specifying that students enrolled in prescribed courses or as casual higher education students under reciprocal exchange agreements are exempt. It also adds an exemption for casual higher education students whose enrolment fees cover the full cost of their education as determined by the Minister. Section 5 addresses the reduction of charges if a student transfers enrolments during the same year. Section 6 modifies the conditions under which temporary entry permits can be granted to overseas students, requiring them to have paid the charge or have arrangements in place for the charge. Section 7 updates the special arrangements for discharging the liability of the charge, replacing references to the Department of Foreign Affairs with the Department dealing with external affairs. The Act imposes specific obligations on overseas students and educational institutions. Overseas students must pay the charge as stipulated, and institutions must ensure compliance with the payment requirements. The Act also requires authorised officers to verify that reciprocal exchange agreements meet certain criteria before exempting students from the charge. Institutions enrolling casual higher education students must ensure that the fees charged cover the full cost of the student's education, as determined by the Minister. Furthermore, the Act requires officers to confirm that overseas students have settled their charge liabilities before granting them temporary entry permits. The Act includes provisions for penalties and consequences for non-compliance. While the Act does not explicitly state penalties, the failure to pay the required charge or to comply with the terms of the exemption could result in the denial of a temporary entry permit to the overseas student. Additionally, institutions that do not adhere to the fee requirements for casual higher education students could face scrutiny and potential penalties for misclassifying students, leading to broader legal and administrative consequences.

Area of Law: Education Law
Instrument: Act
Concepts: Commencement Provisions; Licensing & Registration; Reporting & Disclosure Obligations

Interactions

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.

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