EXPLANATORY STATEMENT
STATUTORY RULES 1986 No 379
OVERSEAS STUDENTS CHARGE REGULATIONS (AMENDMENT) ISSUED BY THE AUTHORITY OF THE MINISTER FOR EDUCATION.
Section 8 of the Overseas Students Charge Act 1979 (the Act) provides that the Governor-General may make regulations for matters necessary or convenient to be prescribed and to provide for reductions in the amount of the charge imposed by the Act.
Decisions made by the government in the 1986/87 Budget were implemented by amendments made to the Principal Act by the Overseas Students Charge Amendment Act 1986. These amendments to the Principal Act which include the transfer to the Act of provisions previously in the regulations, have made it necessary to appropriately amend the regulations to reflect and reference these changes. Amendments to correct anomalies and to remove redundant provisions have also been made.
Regulation 1 deals with citation.
Regulation 2 amends regulation 2 of the Principal Regulations by substituting a new definition of “preliminary course” which results from the inclusion of the definition of “university or advanced education course” in sub-section 4(1) of the Act by the Overseas Students Charge Amendment Act 1986.
Regulation 3 amends regulation 3 of the Principal Regulations by:
- omitting sub-regulation (1), as charge levels are now included in sub-sections 6(1), (2) and (3) of the Act;
- omitting reference to sub-regulation (1) in sub-regulations (2), (3) and (4) and referencing these provisions for half payment of the charge to the Act.
Regulation 4 amends regulation 5 of the Principal Regulations to reference this regulation to the new definition of “university or college of advanced education” as a consequence of the amendment to sub-section 4(1) of the Act.
Overview
The Overseas Students Charge Regulations (Amendment) Statutory Rules 1986 No 379 were enacted to address the need for amendments to the regulations following changes made to the Overseas Students Charge Act 1979. These amendments, introduced by the Overseas Students Charge Amendment Act 1986, necessitated corresponding adjustments to the regulations to ensure they accurately reflected and referenced the updated provisions. Additionally, the amendments aimed to correct anomalies and remove redundant provisions from the regulations. The Overseas Students Charge Act 1979 was enacted to impose a charge on overseas students, with the policy objective of funding the education system and offsetting the costs associated with providing education to international students. The Overseas Students Charge Regulations (Amendment) were issued under the authority of the Minister for Education, and the policy objective remains consistent with the overarching aim of managing and regulating the overseas students charge.
Scope and Application
The Overseas Students Charge Regulations (Amendment) are subsidiary legislation that serves to modify the existing Overseas Students Charge Regulations under the authority granted by the Overseas Students Charge Act 1979. The Act itself imposes a charge on eligible overseas students enrolled in approved courses, with the primary aim of raising funds to support higher education institutions in Australia. These regulations apply to all overseas students who are required to pay the charge, as well as the educational institutions that participate in the charge scheme. The reach of these regulations extends nationally, as they govern the implementation of a Commonwealth-level Act. The regulations are designed to clarify and implement the provisions of the Principal Act, ensuring that the charge is applied consistently across all jurisdictions in Australia. The regulations include amendments that reflect changes made by the Overseas Students Charge Amendment Act 1986, and they also correct anomalies and remove redundant provisions to streamline the regulatory framework. These amendments ensure that the regulatory framework remains effective and aligned with the legislative intent of the Principal Act.
Key Provisions
The main operative sections of the Overseas Students Charge Regulations (Amendment) 1986 (C2004L01871) include amendments to definitions and references in the regulations to align with the changes made by the Overseas Students Charge Amendment Act 1986. For instance, Regulation 2 modifies the definition of "preliminary course" (Reg 2) to reflect the new definition of "university or advanced education course" as provided in the amended Act (s 4(1)). Similarly, Regulation 3 adjusts references in the regulations to the new charge levels set out in the Act (s 6(1), (2), (3)) and removes outdated references to former sub-regulations (Reg 3). Regulation 4 updates the reference in the regulations to the definition of "university or college of advanced education" (Reg 5) to correspond with the Act's amendment (s 4(1)).
The amendments impose obligations on educational institutions and students to comply with the updated definitions and references in the regulations. Educational institutions must ensure that they apply the correct charge levels and definitions as specified in the Act and the amended regulations. Students must be informed of any changes in the definitions and the implications these may have on their enrolment and payment obligations. This includes understanding the new definitions of "preliminary course" and "university or college of advanced education" and how these impact their eligibility for certain courses and payment requirements.
The legislation does not explicitly outline specific offences or penalties for breaches of the amended regulations. However, non-compliance with the requirements set out in the Act and the regulations could potentially lead to disputes or legal challenges regarding the application of charges or eligibility for courses. Institutions failing to correctly apply the updated charge levels or definitions could face legal action from students or be subject to review and correction by regulatory bodies. The consequences for students could include incorrect billing, disputes over tuition fees, or issues with course enrolment and recognition.
In summary, the Overseas Students Charge Regulations (Amendment) 1986 introduces necessary changes to the regulations to align with the amendments made by the Overseas Students Charge Amendment Act 1986. Educational institutions and students must adapt to the new definitions and references to ensure compliance with the legislative requirements. While the regulations do not specify penalties for breaches, non-compliance could result in legal disputes and financial or administrative issues for both institutions and students.