EXPLANATORY STATEMENT
STATUTORY RULES 1988 No. 391
ISSUED BY THE AUTHORITY OF THE MINISTER FOR EMPLOYMENT. EDUCATION AND TRAINING
OVERSEAS STUDENTS CHARGE COLLECTION ACT 1979 OVERSEAS STUDENTS CHARGE COLLECTION REGULATIONS (AMENDMENT)
Section 9 of the Overseas Students Charge Collection Act 1979 provides that the Governor-General may make regulations for matters necessary or convenient to be prescribed and to provide for exemption from, and remission of, the charge and payment of refunds of the charge.
Regulation 1 provides for the new amendments to come into operation on 1 January 1989.
Regulation 2 deals with citation.
Regulation 3 amends regulation 4 of the Principal Regulations to change the reference to “university or advanced education” course to “higher education” course to accord with the language of the Act.
Regulation 4 repeals regulation 5 of the Principal Regulations and substitutes a new regulation to extend the provision for half-charge refund to a student who withdraws from a course, regardless of the reason for withdrawal, or who is not permitted by the institution to continue, before more than one-half of the period of the normal duration of the course has elapsed. It also ensures that all refund provisions apply to a casual higher education student, as defined in subsection 4(1) of the Act.
Regulation 5 amends regulation 8 of the Principal Regulations by omitting subregulation (1) and by inserting new subregulations (1)(1A) and (3) to provide a remission of half the charge to a student who withdraws from a course, regardless of the reason for withdrawal, or who is not permitted by the institution to continue, or who dies, before more than one-half of the period of the normal duration of the course has elapsed. It also ensures that all charge remission provisions apply to a casual higher education student, as defined in subsection 4(1) of the Act.