Overseas Students Charge Collection Regulations

Overseas Students Charge Collection Regulations

Statutory Rules 1979 No. 290 as amended

made under the

Overseas Students Charge Collection Act 1979

This compilation was prepared on 11 January 2001
taking into account amendments up to SR 1991 No. 464

[Note: The enabling legislation of this Statutory Rules was repealed by Act No. 118 of 1999]

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Citation [see Note 1] 

 2 Interpretation 

 3 Payment of charge 

 4 Exemptions 

 5 Refunds 

 6 Application for refund 

 8 Remission of charge 

Notes 

1 Citation [see Note 1]

  These Regulations may be cited as the Overseas Students Charge Collection Regulations.

2 Interpretation

  In these Regulations, unless the contrary intention appears:

authorized officer means an officer of the Department authorized by the Minister in writing for the purposes of these Regulations.

Department means the Department of State administered by the Minister of State for the time being administering the Collection Act.

institution means a prescribed educational institution or a specified institution.

prescribed course has the same meaning as in the Overseas Students Charge Act 1979.

prescribed educational institution has the same meaning as in the Overseas Students Charge Act 1979.

Secretary means the person who, for the time being, is, or is performing the duties of, the Permanent Head of the Department within the meaning of the Public Service Act 1922.

specified institution means an institution specified in column 3 of an item in the Schedule to the Overseas Students Charge Regulations as in force from time to time.

student has the same meaning as overseas student in the Overseas Students Charge Act 1979.

temporary entry permit has the same meaning as in the Migration Act 1958.

the Charge Act means the Overseas Students Charge Act 1979.

the Collection Act means the Overseas Students Charge Collection Act 1979.

3 Payment of charge

  For the purposes of section 6 of the Collection Act, payment of an amount equal to the amount of the charge to which a person is or will be liable shall be made:

 (a) where the payment is made in Australia — to an officer of the Department; and

 (b) where the payment is made outside Australia — to the person by whom the visa in respect of the student is issued, or to such other person as he directs.

4 Exemptions

 (1) Each of the following students is exempt from the payment of the charge:

 (a) a student who begins a prescribed course at a prescribed educational institution on or after 1 January 1992; or

 (b) a student who is a dependant of the holder of a temporary entry permit; or

 (c) a student who is:

 (i) a citizen of New Zealand; or

 (ii) a diplomatic or consular representative of New Zealand, a member of the staff of such a representative or the spouse or dependent relative of such a representative; or

 (k) a student who has his home or permanent place of abode in the Territory of Norfolk Island and:

 (i) is an Australian citizen or complies with the requirements of paragraph 14 (1) (d) of the Australian Citizenship Act 1948;

 (ii) is a resident of Norfolk Island within the meaning of the Immigration Ordinance 1968 of the Territory of Norfolk Island; or

 (iii) is the holder of an entry permit, other than a temporary entry permit, issued under the Immigration Ordinance 1968 of the Territory of Norfolk Island;

 (m) a student who has his home or permanent place of abode in the Territory of Cocos (Keeling) Islands and:

 (i) is an Australian citizen;

 (ii) is a person referred to in section 14 or 14A of the Cocos (Keeling) Islands Act 1955; or

 (iii) has been granted entry to Cocos (Keeling) Islands, under the Immigration Ordinance 1952 of the Colony of Singapore in its application to that Territory, without restriction as to the length of his stay.

5 Refunds

 (1) Where a student in respect of whose enrolment in a course a charge has been paid withdraws from the course or is granted an entry permit other than a temporary entry permit:

 (a) if the student is enrolled before or at the commencement of the course — not more than 6 weeks after the day of the commencement; or

 (b) if the student is not so enrolled — not more than 6 weeks after the day on which the student enrols in, or commences, the course, whichever is the later;

  the amount of the charge shall, on application by the student in accordance with regulation 6, be refunded to the student.

 (2) Where a student in respect of whose enrolment in a course a charge has been paid:

 (a) withdraws from the course;

 (b) dies; or

 (c) is granted an entry permit other than a temporary entry permit;

  before more than one-half of the period of the normal duration of the course has elapsed, an amount equal to one-half of the charge shall, on application by the student in accordance with regulation 6, be refunded to the student.

 (3) Where an amount is refunded because of the death of a student, the amount of the refund shall be paid to the legal personal representative of the student.

 (4) In this regulation, course includes a prescribed course, any other course of study or course of instruction or training or a unit or subject.

6 Application for refund

 (1) An application for the refund of a charge shall:

 (a) be in writing;

 (b) be signed by:

 (i) in the case of a student who has died, the legal personal representative of the student; or

 (ii) in any other case, the student in respect of whom the charge was paid or a person authorized by the student to make the application;

 (c) set out the grounds on which the refund is applied for;

 (d) be accompanied by any documents in support of the application; and

 (e) be lodged with the Secretary.

8 Remission of charge

 (1) Where a student in respect of whose enrolment in a course a charge has been imposed withdraws from the course or is granted an entry permit other than a temporary entry permit:

 (a) if the student is enrolled before or at the commencement of the course — not more than 6 weeks after the day of the commencement; or

 (b) if the student is not so enrolled — not more than 6 weeks after the day on which the student enrols in, or commences, the course, whichever is the later;

  the Secretary shall, on application by the student in accordance with this regulation, remit the charge.

 (1A) Where a student in respect of whose enrolment in a course a charge is imposed:

 (a) withdraws from the course;

 (b) is not permitted by the relevant institution to continue the course;

 (c) dies; or

 (d) is granted an entry permit other than a temporary entry permit;

  before more than one-half of the period of the normal duration of the course has elapsed, the Secretary shall, on application by the student in accordance with this regulation, remit one-half of the charge.

 (2) An application for the remission of a charge shall:

 (a) be in writing;

 (b) be signed by the student in respect of whom the charge was imposed or a person authorized by the student to make the application;

 (c) set out the grounds on which the remission is applied for;

 (d) be accompanied by any documents in support of the application; and

 (e) be lodged with the Secretary.

 (3) In this regulation, course includes a prescribed course, any other course of study or course of instruction or training or a unit or subject.

Notes to the Overseas Students Charge Collection Regulations

Note 1

The Overseas Students Charge Collection Regulations (in force under the Overseas Students Charge Collection Act 1979) as shown in this compilation comprise Statutory Rules 1979 No. 290 amended as indicated in the Tables below.

Table of Statutory Rules

Table of Amendments