EXPLANATORY STATEMENT
Statutory Rules No. 323
Overseas Student Charge Regulations (Amendment)
Issued by the Authority of the Minister for Immigration and Ethnic Affairs
Section 8 of the Overseas Students Charge Act 1979 (the Act) empowers the Governor-General to make regulations for the purposes of any provision of the Act.
Section 6 of the Act provides that the amount of the charge imposed by the Act in respect of the enrolment of an overseas student in a prescribed course for a year is such amount, not exceeding $3,350 as is applicable under the regulations to that enrolment. The maximum amount provided for by the Act was recently increased from $2,900 by the Overseas Student Charge Amendment Act 1984. (Act No Assented to which will come into operation on)
Section 4 of the Acts Interpretation Act 1901 provides that when an Act has not yet come into operation, unless the contrary intention appears, regulations may be made for the purposes of that Act as if that Act had come into operation, but the regulations shall not come into operation until that Act comes into operation. As the Overseas Students Charge Amendment Act 1984 did not come into operation until , the proposed regulations were made in reliance on the Acts Interpretation Act.
The amending regulations increase the overseas student charge to the level announced by the Government in the Budget.
Regulation 1 provides for the Regulations to come into operation on 1 January 1985.
Regulation 2 amends the Overseas Students Charge Regulations as follows:
• Under paragraph 3(1)(a) the charge in respect of a student who is enrolled in a course of study the due completion of which entitles the student to a master’s degree or a doctorate was $2,500. The amendment increases this charge to $3,350.
• Under paragraph 3(1)(b) the charge in respect of a student who is enrolled in a course of study in medicine, veterinary science or dentistry, not being a course referred to in paragraph 3(1) (a) was $2,700. The amendment increases this charge to $3,100.
Under paragraph 3(1)(c) the charge in respect of a student who is enrolled in any course other than one referred to in paragraph 3(1)(a) or paragraph 3(1)(b), was $2,150. The amendment increases this charge to $2,500.