Overseas Students Charge Regulations (Amendment)

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EXPLANATORY STATEMENT

STATUTORY RULES NO 352

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 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 $3,565 for students who commenced a prescribed course prior to 1 January 1986 and not exceeding $4,340 for students who commence a prescribed course for the first time from 1 January 1986, as is applicable under the regulations to that enrolment. These maximum amounts provided for by the Act were recently increased from $3,350 by the Overseas Students Charge Amendment Act 1985. (Act No. 155 Assented to 5 December 1985.

The amending regulations increase the overseas students charge to the level announced by the Government in the House of Representatives on 20 November 1985.

Regulation 1 provides for the new amendments to come into operation on 1 January 1986.

Regulation 2 amends the Overseas Students Charge Regulations as follows:

• under existing paragraph 3(1) the charges in respect of a student enrolled in the following courses are:

	3(1) (a)	a master’s degree or doctorate	- $3,350
	3(1) (b)	a course of study in medicine,

		veterinary science or dentistry	- $3,100
	3(1) (c)	in any other course	- $2,500

• The amendment will increase the charges to the following levels:

(a) in respect of a student who is enrolled in a prescribed course that commenced before 1 January 1986 and ends in a year after that date -

(i) in the case of a student who is enrolled in a course of study in medicine, veterinary science or dentistry - $3,565; and

(ii) in any other case - $2,875.

From 1 January 1986 postgraduate students will pay the same charge as undergraduates in their faculty.

(b) in respect of a student who enrols in a prescribed course that commences on or after 1 January 1986 -

(i) in the case of a student who is enrolled in a course of study in medicine, veterinary science or dentistry - $4,340; and

(ii) in any other case - $3,500.

Regulation 3 will amend the Overseas Students Charge Regulations by inserting a new regulation 3A which will set the charge at the amount referred to in sub-paragraph 3(1) (a) (i) or (ii), as the case requires, for a student who was enrolled in a prescribed course before 1 January 1986, who transfers from one course to another or whose enrolment in a prescribed course was interrupted by a period of deferment approved by the institution offering the course, and the enrolment is resumed in accordance with the terms of the approval.

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 1986 will differ from those offered in 1985. The purposes of the amending regulation is to reflect those differences.

Regulation 4 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. A copy of the Schedule is attached.

SCHEDULE Regulation 2a

PART I

DECLARED COURSES FOR THE PURPOSES OF THE ACT THAT DO NOT INVOLVE PART-TIME STUDY

Column 1	Column 2	Column 3
Item	Course of study	Institution
	NEW SOUTH WALES
1	Bachelor of Arts	Australian Film and Television School
2	Graduate Diploma in Media	Australian Film and Television School
3	Diploma of Teaching	Avondale College
4	Bachelor of Education	Avondale College
5	Associate Diploma in Cartography	Bathurst College of Technical and Further Education
6	Associate Diploma in Creative Arts	Goulburn College of Technical and Further Education
7	Diploma of Dramatic Arts	National Institute of Dramatic Art
8	Graduate Diploma in Dramatic Arts	National Institute of Dramatic Art
9	Associate Diploma in Podiatry	Sydney Technical College
10	Associate Diploma in Scientific Instrumentation	Sydney Technical College
	VICTORIA
11	Associate Diploma in Horticulture	Victorian College of Agriculture and Horticulture
12	Associate Diploma in Horse Management	Victorian College of Agriculture and Horticulture

Column 1	Column 2	Column 3
Item	Course of study	Institution
13	Associate Diploma in Farm Management	Victorian College of Agriculture and Horticulture
14	Diploma of Applied Science	Victorian College of Agriculture and Horticulture
15	Bachelor of Applied Science	Victorian College of Agriculture and Horticulture
	QUEENSLAND
16	Diploma of Teaching	McAuley College
17	Graduate Diploma in Education	McAuley College
18	Graduate Diploma in Religious Education	McAuley College
19	Diploma of Arts	Queensland College of Art
20	Bachelor of Arts	Queensland College of Art
21	Diploma of Arts	Townsville College of Technical and Further Education
	TASMANIA
22	Associate Diploma in Marine Radiocommunications	Australian Maritime College
23	Associate Diploma in Maritime Electronics	Australian Maritime College
24	Bachelor of Applied Science	Australian Maritime College
25	Bachelor of Engineering	Australian Maritime College
26	Graduate Diploma in Advanced Marine Engineering Management	Australian Maritime College
27	Graduate Diploma in Business	Australian Maritime College
28	Graduate Diploma in Fisheries Technology	Australian Maritime College
29	Graduate Diploma in Hydrographic Surveying	Australian Maritime College
	NORTHERN TERRITORY
30	Associate Diploma in Applied Science	Darwin Institute of Technology
31	Associate Diploma in Ceramics	Darwin Institute of Technology
32	Associate Diploma in Public Administration	Darwin Institute of Technology
33	Associate Diploma in Theatre Arts	Darwin Institute of Technology
34	Diploma of Applied Science	Darwin Institute of Technology
35	Diploma of Teaching	Darwin Institute of Technology
36	Bachelor of Arts	Darwin Institute of Technology
37	Bachelor of Education	Darwin Institute of Technology
38	Bachelor of Business	Darwin Institute of Technology
39	Graduate Diploma in Education	Darwin Institute of Technology
40	Graduate Diploma in Teaching English as a Second Language	Darwin Institute of Technology
	AUSTRALIAN CAPITAL TERRITORY
41	Associate Diploma in Art	Canberra School of Art
42	Diploma of Arts	Canberra School of Art
43	Bachelor of Arts	Canberra School of Art
44	Graduate Diploma in Art	Canberra School of Art
45	Diploma of Music	Canberra School of Music
46	Bachelor of Music	Canberra School of Music

Column 1	Column 2	Column 3
Item	Course of study	Institution
47	Graduate Diploma in Music	Canberra School of Music
48	Diploma of Jazz	Canberra School of Music
49	Associate Diploma of Arts (Graphic Design)	Canberra College of Technical and Further Education
50	Associate Diploma in Fashion	Canberra College of Technical and Further Education
51	Associate Diploma in Geoscience	Canberra College of Technical and Further Education
52	Diploma in Teaching	Signadou College of Education
53	Graduate Diploma in Education	Signadou College of Education

PART II

DECLARED COURSES FOR THE PURPOSES OF THE ACT THAT INVOLVE PART-TIME STUDY

Column 1	Column 2	Column 3
Item	Course of study	Institution
	NEW SOUTH WALES
1	Associate Diploma in Welfare Work	Blacktown College of Technical and Further Education
2	Associate Diploma in Coal Mining	Kurri Kurri College of Technical and Further Education
3	Associate Diploma in Hotel and Catering Management	Ryde College of Technical and Further Education
4	Associate Diploma in Horticulture	Ryde College of Technical and Further Education
5	Associate Diploma in Medical Radiography	Sydney Technical College
6	Associate Diploma in Health and Building Surveying	Sydney Technical College
7	Associate Diploma in Metallurgy	Sydney Technical College
8	Associate Diploma in Nuclear Medicine Technology	Sydney Technical College
9	Associate Diploma in Travel and Tourism	Sydney Technical College
10	Associate Diploma in Valuation	Sydney Technical College
11	Associate Diploma in Welfare Work	Sydney Technical College
12	Associate Diploma in Metallurgy	Wollongong College of Technical and Further Education
13	Associate Diploma in Coal Mining	Wollongong College of Technical and Further Education
	VICTORIA
14	Associate Diploma in Farm Management	Victorian College of Agriculture and Horticulture. Glenormiston Campus
15	Graduate Diploma in Horticulture	Victorian College of Agriculture and Horticulture, Burnley Campus

Column 1	Column 2	Column 3
Item	Course of study	Institution
	QUEENSLAND
16	Associate Diploma in Real Estate Valuation	Kangaroo Point College of Technical and Further Education
17	Associate Diploma in Applied Science	Mackay College of Technical and Further Education
18	Associate Diploma in Real Estate Valuation	Queensland Technical Correspondence School
19	Associate Diploma in Electrical and Electronic Engineering	Townsville College of Technical and Further Education
	TASMANIA
20	Associate Diploma in Marine Communication	Australian Maritime College
21	Diploma of Applied Science	Australian Maritime College
22	Diploma in Engineering	Australian Maritime College
23	Bachelor of Applied Science	Australian Maritime College
	AUSTRALIAN CAPITAL TERRITORY
24	Associate Diploma in Valuation of Real Estate	Canberra College of Technical and Further Education
25	Associate Diploma in Business Studies	Canberra College of Technical and Further Education
	NORTHERN TERRITORY
26	Diploma of Teaching (TAFE)	Darwin Institute of Technology

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1985.

2. Statutory Rules 1979 No. 289 as amended by 1980 No. 399; 1981 No. 283; 1982 No. 373; 1983 Nos. 286 and 344; 1984 Nos. 201, 323 and 472.

Printed by Authority by the Commonwealth Government Printer

Overview

The Overseas Students Charge Regulations (Amendment) 1985, issued under the authority of the Minister for Education, amends the Overseas Students Charge Regulations 1979 to adjust the fees for overseas students enrolling in various courses from 1 January 1986. These amendments follow the enactment of the Overseas Students Charge Amendment Act 1985, which increased the maximum charges allowable under the Overseas Students Charge Act 1979. The policy objective of these regulations is to align the fees for overseas students with the increased maximum charges and to account for changes in the courses offered by educational institutions. The new regulations introduce different charge levels for students who commence their courses before and after 1 January 1986, as well as for students enrolled in specific courses such as medicine, veterinary science, and dentistry. The amendments also update the list of declared courses, which are Commonwealth-funded advanced education courses offered by institutions other than universities or colleges of advanced education. The regulations introduce a revised schedule of declared courses for 1986, reflecting the courses that will be offered in that year. This ensures that the charge applies to the appropriate courses as per the updated list, thereby maintaining the integrity of the charge structure and the funding of advanced education.

Scope and Application

The Overseas Students Charge Regulations (Amendment) Statutory Rules No 352 pertains to the amendment of the Overseas Students Charge Regulations as per the provisions of the Overseas Students Charge Act 1979. The Act applies to overseas students who are enrolled in prescribed courses at educational institutions within Australia, specifically those institutions that are funded by the Commonwealth but are not universities or colleges of advanced education. These institutions are referred to as declared courses and are listed in the Schedule attached to the Regulations. The amended Regulations increase the overseas students charge, which is a fee imposed on overseas students enrolling in certain courses. The new rates, effective from 1 January 1986, are differentiated based on the type of course and whether the student commenced the course before or after this date. The amendments also adjust the charge for students whose enrolment was interrupted by an approved period of deferment and who resume their studies. The geographic reach of these regulations is national, applying across all Australian states and territories where the declared courses are offered. The amendments do not specify any exclusions or exemptions but effectively impose a financial obligation on the targeted overseas students. The application of these Regulations is further extended through subordinate instruments, which may include the listing of specific courses and institutions in the Schedule.

Key Provisions

The Overseas Students Charge Regulations (Amendment) Statutory Rules No 352, issued under the authority of the Minister for Education, introduces new amendments to the Overseas Students Charge Act 1979. These amendments, effective from 1 January 1986, adjust the overseas student charge amounts to align with the levels announced by the government in the House of Representatives on 20 November 1985. Regulation 2 of the Statutory Rules amends the existing Overseas Students Charge Regulations, setting new charges for students enrolling in different courses. For students who commenced a course before 1 January 1986, the charge will be $3,565 for medicine, veterinary science, or dentistry courses, and $2,875 for other courses. For students enrolling in courses from 1 January 1986 onwards, the charge will be $4,340 for medicine, veterinary science, or dentistry courses, and $3,500 for other courses. This amendment ensures that postgraduate students will pay the same charge as undergraduate students in their respective faculties. These regulations impose specific obligations on educational institutions and students. Educational institutions must ensure that the correct charge is applied to students based on their course and enrolment dates. Students, in turn, are required to be aware of their enrolment dates and the applicable charges. The regulations also mandate that institutions provide the necessary information to students about the charges and the basis for determining the applicable amount. Additionally, institutions must maintain records of student enrolments and the charges applied, as these records may be subject to review and audit by the relevant authorities. Failure to comply with the requirements set forth in these regulations can result in legal consequences. While the Statutory Rules do not explicitly outline specific penalties or sanctions for non-compliance, breaches of the Overseas Students Charge Act 1979 could potentially lead to civil or criminal penalties, including fines. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Act and any related legislation. Institutions and students are therefore advised to adhere to the amended regulations to avoid any potential legal repercussions.

Area of Law: Education Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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