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.
Overview
The Overseas Student Charge Regulations (Amendment) Statutory Rules No. 323, enacted in 1984, were introduced by the Australian Government to address the need for an adjustment in the fees charged to overseas students. These regulations were made under the authority of the Minister for Immigration and Ethnic Affairs and were based on the provisions of the Overseas Students Charge Act 1979. The primary policy objective of these amendments was to align the fees with the economic conditions and budget announcements of the time, ensuring that the charges imposed on overseas students were reflective of the costs associated with their education and the funding needs of the educational institutions. By increasing the maximum chargeable amount, the regulations aimed to better support the financial sustainability of the higher education sector while also ensuring that overseas students contribute appropriately to the cost of their education.
Scope and Application
The Overseas Student Charge Regulations (Amendment) Statutory Rules No. 323, issued under the authority of the Minister for Immigration and Ethnic Affairs, amend the existing Overseas Student Charge Regulations to align with the recent increase in the maximum amount of the charge. The amendment pertains to the Overseas Students Charge Act 1979, which imposes a charge on overseas students for their enrolment in specified courses. The regulations apply to all overseas students enrolled in prescribed courses within Australia, irrespective of their nationality, and cover various educational institutions that offer such courses. The scope of the Act extends to the Commonwealth level, thereby encompassing all states and territories of Australia. Notably, the regulations do not specify any exclusions or exemptions but instead adjust the charge amounts as per the new legislative provisions. The increased charges are set to take effect from 1 January 1985, as stipulated in the amending regulations, and these changes were enacted in reliance on the Acts Interpretation Act 1901, given the delay in the commencement of the Overseas Students Charge Amendment Act 1984.
Key Provisions
The Overseas Student Charge Regulations (Amendment) Statutory Rules No. 323, issued under the authority of the Minister for Immigration and Ethnic Affairs, provide amendments to the existing regulations governing the Overseas Student Charge. According to section 8 of the Overseas Students Charge Act 1979 (the Act), the Governor-General is empowered to make regulations for any provision of the Act. These regulations, particularly section 6, specify that the amount of the charge for the enrolment of an overseas student in a prescribed course for a year is set at an amount not exceeding $3,350, as determined by the regulations applicable to that enrolment. This maximum amount was previously $2,900, but has been increased by the Overseas Student Charge Amendment Act 1984. Regulation 1 establishes that these amending regulations will come into effect on 1 January 1985.
The amending regulations, as outlined in Regulation 2, adjust the charges for different categories of courses. For students enrolled in courses that lead to a master’s degree or a doctorate, the charge has been increased from $2,500 to $3,350. Similarly, for students enrolled in medicine, veterinary science, or dentistry courses (excluding those leading to a master’s degree or doctorate), the charge has been increased from $2,700 to $3,100. Lastly, for students enrolled in any other courses, the charge has been increased from $2,150 to $2,500. These changes reflect the recent government announcement and align the charge levels with the new maximum amount set by the amending Act.
The Overseas Student Charge Regulations (Amendment) impose specific financial obligations on overseas students enrolled in various courses. For students pursuing master’s degrees or doctorates, the charge is set at $3,350 per year. Students in medicine, veterinary science, or dentistry courses (excluding master’s or doctorate courses) face a charge of $3,100 per year, while students in other courses are charged $2,500 per year. These charges must be paid as part of the enrolment process, and the regulations ensure that the charge does not exceed the maximum amount specified in the Act.
The Act and its amendments do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the overseas student charge requirements. However, failure to pay the required charge could potentially result in non-enrolment or the inability to complete the course. Institutions may also have their own policies and procedures for dealing with unpaid charges, which could include administrative actions such as de-enrolment. The regulations are designed to ensure that the charge is applied consistently and fairly across different categories of courses, and compliance is expected as part of the enrolment process.