Overseas Students Charge Collection Regulations (Amendment)

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Statutory Rules 1982 No. 3741

 

Overseas Students Charge Collection Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Overseas Students Charge Collection Act 1979.

Dated 20 December 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

(Sgd.) John Hodges

Minister of State for Immigration and Ethnic Affairs

 

Commencement

1. These Regulations shall come into operation on 1 January 1983.

Interpretation

2. Regulation 2 of the Overseas Students Charge Collection Regulations is amended—

(a) by inserting after the definition of “Department” the following definition:

“‘institution’ means a prescribed educational institution or a specified institution;”; and

(b) by inserting after the definition of “Secretary” the following definition:

“‘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;”.

Exemptions

3. Regulation 4 of the Overseas Students Charge Collection Regulations is amended—

(a) by omitting from paragraph (1) (a) “a university or college of advanced education” and substituting “an institution”;

 

S.R. 318/82 Cat. No. —Recommended retail price 20c 10/30.11.1982


(b) by omitting from paragraph (1) (c) “a university or college of advanced education” and substituting “an institution”;

(c) by omitting from paragraph (1) (c) “the university or college” and substituting “that institution”;

(d) by omitting from paragraph (1) (d) “a university or college of advanced education” and substituting “an institution”;

(e) by omitting from paragraph (1) (d) “the university or college” and substituting “the institution”;

(f) by omitting from sub-paragraph (1) (e) (ii) “a prescribed educational institution” and substituting “an institution”;

(g) by omitting from sub-regulation (2) “tertiary institution in Australia” and substituting “institution in Australia”;

(h) by inserting in sub-regulation (4) “or 7A (3)” after “sub-section 7 (2)”; and

(i) by omitting from paragraph (5) (a) “prescribed educational”.

Refunds

4. Regulation 5 of the Overseas Students Charge Collection Regulations is amended—

(a) by omitting from sub-regulation (1) “2 weeks after the commencement of the course” and substituting “6 weeks after the commencement of the course or, in the case of a student who is permitted by the institution conducting the course to enrol or to commence the course at a later date, 6 weeks after the date on which the student is enrolled or commences the course, whichever is the later”; and

(b) by adding at the end thereof the following sub-regulation:

“(4) Where a post graduate student in respect of whose enrolment in a prescribed course in a year a charge has been paid is awarded a scholarship of the kind referred to in paragraph 4 (1) (a) or (b)—

(a) in the case of a scholarship that takes effect, or is deemed to take effect, not more than 6 weeks after the commencement of the course—the amount of the charge; or

(b) in the case of a scholarship that takes effect, or is deemed to take effect, more than 6 weeks after the commencement of the course but before the expiration of 6 months of that course in that year—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.”.

Remission of charge

5. Regulation 8 of the Overseas Students Charge Collection Regulations is amended by omitting from sub-regulation (1) “2 weeks after the commencement of the course” and substituting “6 weeks after the commencement of the course or, in the case of a student who is permitted by the institution conducting the course to enrol or to commence the course at a later date, 6 weeks after the date on which the student is enrolled or commences the course, whichever is the later”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 December 1982.

2. Statutory Rules 1979 No. 290.

Printed by Authority by the Commonwealth Government Printer

Overview

The Overseas Students Charge Collection Regulations 1982 (Amendment) were enacted to update and refine the existing regulatory framework under the Overseas Students Charge Collection Act 1979. The Act was originally designed to address the administrative and financial requirements for collecting charges from overseas students in Australia. The 1982 amendments, made by the Governor-General with the advice of the Federal Executive Council, introduced changes to better align the regulations with the evolving educational landscape and to ensure clarity and fairness in the application of fees and refunds. These amendments aimed to streamline the process of fee collection and refunds for overseas students, reflecting the policy objective of providing a consistent and transparent system for managing the financial obligations of overseas students in Australian educational institutions.

Scope and Application

The Overseas Students Charge Collection Regulations 1982, made under the Overseas Students Charge Collection Act 1979, govern the collection of fees from overseas students in Australia. These regulations apply to all institutions providing courses of study to overseas students, encompassing educational entities such as universities and other recognised institutions. The application of these regulations is confined to Australia, and they do not extend beyond the geographic boundaries of the Commonwealth. Exemptions from the charge are detailed in the regulations, notably by broadening the definition of exempted institutions and adjusting the timeframe for fee refunds to six weeks post-course commencement, or later if a student enrols or commences the course at a later date. The amendments also introduce specific conditions for the remission of charges for postgraduate students who receive scholarships. These regulations are supplemented by subordinate instruments, which further define terms and outline specific operational details.

Key Provisions

The main operative sections of these Regulations amend the Overseas Students Charge Collection Regulations (1982) under the Overseas Students Charge Collection Act 1979. The primary amendments concern the definition of "institution" (Regulation 2), exemptions from the charge (Regulation 3), and the conditions for refunds (Regulation 4) and remission of charges (Regulation 5). These amendments aim to streamline the application of the charge and provide clearer guidelines for institutions and students. These Regulations impose obligations on educational institutions to correctly identify whether they are subject to the charge and to apply the refund and remission provisions accurately. They also require students to apply for refunds or remissions within specified timelines. The institutions must ensure that students are informed about their rights and obligations concerning the charge, refunds, and remissions. The Act does not explicitly state penalties for non-compliance with these Regulations. However, failure to comply with the requirements of the Overseas Students Charge Collection Act 1979 could potentially result in legal consequences under the principal Act, including fines or other civil penalties as determined by the court. The specific penalties would depend on the nature and severity of the non-compliance, and could vary based on the relevant provisions of the principal Act.

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