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.
Overview
The Overseas Students Charge Collection Regulations (Amendment) were issued in 1988 under the authority of the Minister for Employment, Education and Training, as an amendment to the Overseas Students Charge Collection Act 1979. The purpose of this Act was to regulate the collection of fees from overseas students in Australia, addressing a gap in the financial management of educational institutions due to the influx of international students. The policy objective of these regulations is to ensure that the provisions for refunds and remissions of the overseas students charge are clearly defined and equitable, particularly for those who withdraw from courses early or are unable to complete their studies due to unforeseen circumstances. These amendments were designed to align the language and provisions of the regulations with the Act itself, ensuring consistency and fairness in the application of the overseas students charge.
Scope and Application
The Overseas Students Charge Collection Regulations (Amendment) Statutory Rules 1988 amend the existing regulations under the Overseas Students Charge Collection Act 1979, bringing them into alignment with the terminology used in the Act and expanding the scope of refunds and remissions available to students. The Act applies to all students enrolled in higher education courses in Australia, including both domestic and international students who are required to pay an overseas students charge. The regulations extend the refund provisions to include students who withdraw from their course or are not permitted to continue, regardless of the reason for their withdrawal, provided that they do so before more than half of the normal duration of the course has elapsed. Furthermore, the regulations ensure that all refund and remission provisions apply to casual higher education students, as defined in the Act. The amendments come into effect on 1 January 1989 and apply nationally, impacting educational institutions and students across Australia. The Act and its regulations do not explicitly state any exclusions or exemptions, but the provisions for refunds and remissions are subject to certain conditions, such as the timing of the withdrawal and the type of student. The regulations may be further extended or restricted through subordinate instruments made under the authority of the Act.
Key Provisions
The Overseas Students Charge Collection Act 1979, as amended by the Statutory Rules 1988 No. 391, introduces changes to the regulations concerning the collection of the overseas students charge. Regulation 1 specifies that these amendments will take effect on 1 January 1989. Regulation 2 addresses the citation of the amended regulations, ensuring they are correctly referenced in legal and administrative contexts.
These regulations impose specific obligations on educational institutions and students. For instance, Regulation 3 updates the terminology used in the regulations to align with the Act, changing references from "university or advanced education" to "higher education." Regulation 4 repeals an existing regulation and introduces new provisions to allow for a half-charge refund for students who withdraw from a course or are not permitted to continue before completing half the normal duration of the course, irrespective of the reason for withdrawal. It also extends these refund provisions to casual higher education students, as defined in subsection 4(1) of the Act.
Furthermore, Regulation 5 amends another existing regulation to provide for a remission of half the charge for students who withdraw from a course, are not permitted to continue, or who pass away before completing half the normal duration of the course, regardless of the reason. This amendment also ensures that these charge remission provisions apply to casual higher education students.
The regulations also establish consequences for non-compliance. While the specific offences and penalties are not detailed in the provided excerpt, breaches of regulations under the Overseas Students Charge Collection Act 1979 could lead to civil or criminal penalties. These may include fines or other sanctions, depending on the nature and severity of the breach. The precise penalties would be outlined in other sections of the Act or in related legislation.