Overseas Students Charge Collection Regulations (Amendment) 1991 No. 464
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 464
Issued by the authority of the Minister for Employment, Education and Training
Overseas Students Charge Collection Act 1979
Overseas Students Charge Collection Regulations (Amendment)
The Overseas Students Charge Collection Act 1979 (the Act) provides the legislative authority for arrangements for the collection of the Overseas Students Charge (OSC) payable by overseas students enrolled at Australian education institutions under the former subsidised students program. No new enrolments were accepted under this program after 31 December 1989. The program is now being phased out and it is expected that there will be no subsidised students remaining at Australian education institutions by the mid-1990s.
Section 9 of the Act provides that the Governor-General may make regulations for the purposes of the Act.
The proposed Regulations amend the Overseas Students Charge Collection Regulations (the Regulations) made under the Act by exempting from payment of the OSC overseas students who:
(a) begin prescribed courses at prescribed educational institutions from 1 January 1992 (all new overseas students beginning from that date will either be on full fee arrangements or under some form of sponsorship or exchange);
(b) are the dependants of temporary entry permit holders. This exemption will apply to all temporary entry permit holders' dependants. It will ensure that the Act becomes defunct from the mid-1990s when there will be no subsidised overseas students remaining to which it would be applicable. In the absence of this provision the Act could continue to impose a charge liability on some dependants who were never intended to be charged the OSC, and from whom OSC collections have generally not been made because their identification has proved difficult.
The proposed Regulations also clarify the existing provision exempting citizens of New Zealand, diplomatic or consular representatives of New Zealand, members of the staff of such representatives, or the spouses or dependant relatives of such representatives, from the payment of the OSC.
The proposed Regulations will commence on 1 January 1992.
Authority: Section 9 of the Overseas Students Charge Collection Act 1979
Overview
The Overseas Students Charge Collection Act 1979 was enacted to provide a legislative framework for the collection of the Overseas Students Charge (OSC) from students enrolled in Australian educational institutions under the former subsidised student program. This Act established the mechanisms for implementing the OSC, which was designed to recover some of the costs associated with providing education to overseas students. The program under which the OSC was applicable ceased accepting new enrolments after 31 December 1989, and it is anticipated that by the mid-1990s, there will be no subsidised overseas students remaining. The Overseas Students Charge Collection Regulations (Amendment) 1991 (No. 464) were introduced to amend the existing regulations under the Act, primarily to exempt certain categories of overseas students from the OSC, ensuring that the Act becomes defunct when the subsidised student program is fully phased out. This amendment also includes clarifying existing exemptions, such as for citizens of New Zealand and their dependants. The Regulations aim to ensure that the Act does not impose any unintended charge liabilities and are set to commence on 1 January 1992.
Scope and Application
The Overseas Students Charge Collection Regulations (Amendment) 1991 amends the existing regulations made under the Overseas Students Charge Collection Act 1979. The Act originally provided the framework for collecting the Overseas Students Charge from overseas students enrolled in the former subsidised students program, which ceased accepting new enrolments as of 31 December 1989. The Act is now scheduled to become defunct by the mid-1990s when the program is fully phased out. The amendments exempt specific groups from the charge, including new overseas students beginning prescribed courses from 1 January 1992 and dependants of temporary entry permit holders, ensuring the Act does not impose charges on individuals who were never intended to be liable. Additionally, the amendments clarify and reaffirm the exemption for citizens of New Zealand, diplomatic or consular representatives of New Zealand, their staff, and their dependants. The regulations will commence on 1 January 1992, aligning with the cessation of the subsidised students program.
Key Provisions
The Overseas Students Charge Collection Regulations (Amendment) 1991 (No. 464) amends the existing Overseas Students Charge Collection Regulations made under the Overseas Students Charge Collection Act 1979 (the Act). One of the key provisions of these regulations is the exemption from the payment of the Overseas Students Charge (OSC) for two specific categories of students (Section 9). The first category includes overseas students who commence prescribed courses at prescribed educational institutions from 1 January 1992. As per the explanatory statement, these students will either be enrolled under full fee arrangements or through some form of sponsorship or exchange. The second category of students exempt from the OSC includes the dependants of temporary entry permit holders. This exemption is intended to ensure that the Act does not impose a charge liability on individuals who were never meant to be charged the OSC, and from whom OSC collections have generally not been made due to identification challenges.
The Regulations impose specific obligations on the parties governed by them. For instance, educational institutions must ensure that any new overseas students commencing courses from 1 January 1992 are not charged the OSC, as they will be under full fee arrangements or some form of sponsorship or exchange. Additionally, institutions must verify the status of any dependants of temporary entry permit holders to determine their eligibility for exemption from the OSC. The Regulations also clarify the existing exemption for citizens of New Zealand, diplomatic or consular representatives of New Zealand, members of the staff of such representatives, or the spouses or dependant relatives of such representatives.
Breach of the provisions in these Regulations may lead to civil and criminal consequences. However, the Explanatory Statement does not specify the exact nature of these consequences. The Regulations are designed to streamline the process of exempting certain categories of overseas students from the OSC, ensuring that the Act becomes defunct when there are no more subsidised overseas students remaining. The proposed Regulations will take effect from 1 January 1992, and the authority for making these amendments stems from Section 9 of the Overseas Students Charge Collection Act 1979.