Explanatory Statement
Statutory Rules No. 472
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 the purposes of any provision of the Act.
Section 4A of the Act provides that the regulations may specify a course of study offered or to be offered by a specified educational institution (other than a prescribed educational institution, that is, a university or college of advanced education) to be a declared course for the purposes of the Act. Declared courses are those which, while fully Commonwealth funded, and accredited at advanced education level, are offered in an institution other than a university or college of advanced education.
Declared courses are listed in the Schedule to the Overseas Students Charge Regulations (the Regulations). Under section 5 of the Act, an overseas student enrolled in a prescribed course (including, inter alia, a declared course - section 4 of the Act) for a year is liable for a charge in respect of that enrolment.
Commonwealth-funded advanced education level courses to be offered in other than universities and colleges of advanced education in 1985 will differ from those offered in 1984. The purpose of the amending regulation is to reflect those differences. A copy is attached.
Regulation 1 sets 1 January 1985 as the date of operation.
Regulation 2 repeals the existing Schedule of Declared Courses and substitutes a revised schedule. Part I of the Schedule lists full-time courses, and Part II lists courses which involve part-time study.
Overview
The Overseas Students Charge Regulations (Amendment) 2004, issued by the authority of the Minister for Education, are amendments to the Overseas Students Charge Act 1979. This Act was enacted to provide for a charge to be imposed on overseas students enrolled in certain courses, with the primary aim of reflecting changes in the courses offered by educational institutions in 1985 compared to those offered in 1984. The policy objective is to ensure that the regulations accurately capture the Commonwealth-funded advanced education level courses provided by institutions other than universities and colleges of advanced education. The regulations amend the existing Schedule of Declared Courses to include the updated courses, thereby ensuring that the charge is applied correctly to the appropriate students. The amendments came into effect on 1 January 1985, as specified in the regulations.
Scope and Application
The Overseas Students Charge Regulations (Amendment) issued under the Overseas Students Charge Act 1979 applies to overseas students who are enrolled in courses offered by specified educational institutions, other than universities or colleges of advanced education, which are listed as declared courses in the Schedule to the Regulations. These regulations are applicable to courses that are fully funded by the Commonwealth and are accredited at an advanced education level, but are not offered by prescribed institutions. The scope of the Act includes the imposition of charges on overseas students for their enrolment in these declared courses. The Regulations also specify the date of operation, 1 January 1985, and modify the Schedule of Declared Courses to reflect changes in the courses offered in 1985 as compared to 1984. The Regulations extend to the entire Commonwealth of Australia and the amendments are made to ensure the Schedule accurately reflects the courses offered by eligible institutions in the specified year.
Key Provisions
The Overseas Students Charge Regulations (Amendment) primarily serve to update the list of courses deemed as declared courses under the Overseas Students Charge Act 1979. Regulation 2 of the amending regulations repeals the existing Schedule of Declared Courses and replaces it with a revised schedule, effective from 1 January 1985. This amendment is intended to reflect the changes in Commonwealth-funded advanced education level courses offered by institutions other than universities or colleges of advanced education. Declared courses, as defined in section 4A of the Act, are those offered by educational institutions that are fully funded by the Commonwealth but are not universities or colleges of advanced education. These courses are accredited at the advanced education level and are subject to the Overseas Students Charge if the student is enrolled for a year.
The obligations imposed by these regulations on the parties governed by the Act include the requirement for educational institutions to list their courses accurately in the Schedule to the Overseas Students Charge Regulations. Institutions must ensure that their courses align with the criteria of being Commonwealth-funded and accredited at the advanced education level. Furthermore, these institutions must comply with the date of operation specified in Regulation 1, which is 1 January 1985. The revised Schedule now contains updated information about the full-time and part-time courses offered by these institutions, ensuring that the list reflects the courses available for that academic year.
Failure to comply with the provisions of the Overseas Students Charge Act and the accompanying regulations may result in various consequences. Firstly, if an educational institution does not list its courses correctly or omits them from the Schedule, it may inadvertently fail to charge the appropriate Overseas Students Charge to eligible students. This non-compliance could potentially lead to financial discrepancies and legal scrutiny. Furthermore, students enrolled in courses that should be declared but are not listed may face difficulties in having their charges applied correctly, which could affect their financial obligations. While the amending regulations themselves do not explicitly detail penalties for non-compliance, breaches of the Act generally could result in civil or criminal penalties, depending on the severity and intent behind the breach.