EXPLANATORY STATEMENT
STATUTORY RULES NO. 286
OVERSEAS STUDENTS 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, inter alia, for the purposes of section 6 of the Act.
Section 6 of the Act, as recently amended by the Overseas Students Charge Amendment Act 1983 (Act No. 60 - assented to 20 October 1983), specifies 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 $2,900, as is applicable under the regulations to that enrolment.
Before its amendment sub-regulation 3(1) of the Overseas Students Charge Regulations fixed the amount of the charge at: $2,500 for a course of study the due completion of which entitles the student to a master’s degree or a doctorate; $2,350 for a course of study in medicine, veterinary science or dentistry; and $1,850 for all other courses.
Regulation 2, which gives effect to the new range of charges for 1984 that were announced in the Budget, amends sub-regulation 3(1) to provide that the amount of the charge is: $2,900 for a course of study the due completion of which entitles the student to a master’s degree or a doctorate; $2,700 for a course of study in medicine, veterinary science or dentistry; and $2,150 for all other courses. This adjustment of the charges is to recover part of the increasing costs involved in the education of overseas students in Australia.
Regulation 1 provides for the amendments to come into operation on 1 January 1984.
Overview
The Overseas Students Charge Regulations (Amendment) Statutory Rules No. 286, issued in 1984 by the authority of the Minister for Immigration and Ethnic Affairs, were enacted to address the escalating costs associated with the education of overseas students in Australia. This amendment to the Overseas Students Charge Regulations, which implement the provisions of the Overseas Students Charge Act 1979, was necessary to adjust the fees in line with the rising expenses. The policy objective of the amendment is to ensure that the charges placed on overseas students adequately reflect the current financial demands of providing educational services. These regulations were made under the authority of the Governor-General, as empowered by Section 8 of the Act, to specify the amount of the charge, not exceeding $2,900, applicable to the enrolment of overseas students in prescribed courses for a year.
Scope and Application
The Overseas Students Charge Regulations (Amendment) govern the amount of the charge imposed on overseas students enrolling in a prescribed course for a year under the Overseas Students Charge Act 1979. The Act applies to overseas students who enrol in specific courses in Australia, with the regulation setting different charge amounts based on the type of course: $2,900 for courses leading to a master’s degree or doctorate, $2,700 for courses in medicine, veterinary science, or dentistry, and $2,150 for all other courses. This adjustment aims to recover part of the increasing costs associated with educating overseas students. The amendment applies nationally and comes into effect on 1 January 1984, with the Governor-General having the authority to make further regulations under section 8 of the Act. The scope of the amendment is confined to altering the financial charge structure for overseas students, without specifying exclusions or exemptions within the provided text.
Key Provisions
The main operative sections of the Overseas Students Charge Regulations (Amendment) involve changes to the charges for overseas students enrolling in various courses. According to Regulation 2, the amendment to sub-regulation 3(1) adjusts the charges for 1984. Specifically, the charge for a course that leads to a master's degree or a doctorate is set at $2,900, whereas for courses in medicine, veterinary science, or dentistry, the charge is $2,700. For all other courses, the charge is set at $2,150. This adjustment aims to reflect the rising costs of educating overseas students in Australia.
The Act imposes specific obligations on institutions providing courses to overseas students. These institutions must charge the prescribed fees according to the amended regulations. The charges must be applied uniformly for students enrolling in the specified courses as of 1 January 1984. The regulations do not detail the administrative processes for collecting these charges, but it is implied that institutions must implement the fee structure as stipulated in the regulations.
There are no explicit offences or penalties mentioned in the regulations regarding non-compliance with the charge structure. However, failure to comply with the specified charge amounts could potentially lead to legal consequences under the primary Act or other relevant legislation. For example, the Overseas Students Charge Act 1979 might include provisions that penalise institutions that do not adhere to the prescribed charges, although such specific penalties are not detailed in these regulations. The primary Act would be the source for determining any applicable penalties or enforcement mechanisms.