EXPLANATORY STATEMENT
STATUTORY RULES NO. 201
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 for the purposes of any provision of the Act.
Section 4A of the Act provides that regulations may be made to declare a specified course of study to be a declared course for the purposes of the Act and enables the introduction of charges for overseas students who attend accredited advanced education level courses which are funded by the Commonwealth and offered at educational institutions other than universities and colleges of advanced education.
A revised Schedule of declared courses, which was necessitated by changes in the names of certain courses and institutions, was inserted in the Overseas Students
Charge Regulations in December 1983. The Attorney-General’s Department advised, at that time, that it would be desirable at some future date to indicate as appropriate in the Schedule, the names by which courses and institutions were formerly known.
The amendments to the Schedule to the Overseas Students Charge Regulations insert the names by which certain educational institutions were formerly known, as described below, and effect two minor drafting amendments to the previous changes.
Former name of institution Present name of institution
Burnley Horticultural College | Victorian College of Agriculture and Horticulture, Burnley Campus |
Dookie Agricultural College | Victorian College of Agriculture and Horticulture, Dookie Campus |
Glenormiston Agricultural College | Victorian College of Agriculture and Horticulture, Glenormiston Campus |
Longerenong Agricultural College | Victorian College of Agriculture and Horticulture, Longerenong Campus |
Overview
The Overseas Students Charge Regulations (Amendment) Statutory Rules 2004, enacted to address discrepancies in the naming of educational institutions and courses under the Overseas Students Charge Act 1979, were issued by the authority of the Minister for Immigration and Ethnic Affairs. This legislation was introduced to ensure clarity and consistency in the identification of courses and institutions in the Schedule of declared courses, which was revised in December 1983 due to changes in institutional names. The policy objective behind these amendments is to maintain accuracy and transparency in the documentation of courses offered at accredited advanced education level institutions, thereby facilitating effective administration of the Overseas Students Charge for overseas students attending these courses. The amendments insert the former names of specific institutions into the Schedule and make minor drafting adjustments to the previous changes, ensuring that the regulations reflect current and historical nomenclature accurately.
Scope and Application
The Overseas Students Charge Regulations (Amendment) Statutory Rules No. 201, issued under the authority of the Minister for Immigration and Ethnic Affairs, amend the Overseas Students Charge Regulations to update the Schedule of declared courses. These regulations apply to overseas students who attend accredited advanced education level courses that are funded by the Commonwealth and offered at educational institutions other than universities and colleges of advanced education. The Act empowers the Governor-General to make these regulations to enforce the provisions of the Overseas Students Charge Act 1979. The amendments primarily update the names of certain institutions to reflect current naming conventions, ensuring clarity and accuracy in the Schedule. This amendment does not alter the scope or application of the charges or the eligibility criteria for courses but serves to correct and update the administrative details within the regulatory framework. The changes are confined to the Schedule of declared courses and do not extend to other aspects of the Act, thus maintaining the integrity and purpose of the original legislation.
Key Provisions
The main operative sections of the Overseas Students Charge Regulations (Amendment) (No. 201) concern the declaration of courses and the imposition of charges on overseas students. Section 4A of the Act allows for regulations that declare specific courses as "declared courses" (s. 4A). These regulations can introduce charges for overseas students attending accredited advanced education courses funded by the Commonwealth at institutions other than universities and colleges of advanced education (s. 4A). The amendments focus on updating the Schedule of declared courses to reflect the current names of certain educational institutions, while also making minor drafting corrections (Schedule, item 1). This update is necessary due to changes in the names of certain courses and institutions since the original regulations were established.
The Act imposes obligations on educational institutions and overseas students. Educational institutions are required to ensure that they are accurately represented in the Schedule of declared courses, reflecting any changes in their names or course offerings (Schedule, item 1). They must also adhere to the regulations concerning the charges applicable to overseas students for the declared courses. Overseas students, on the other hand, are required to be aware of the courses they are enrolling in and the applicable charges, as per the regulations. This awareness ensures that they understand the financial obligations associated with their enrolment in declared courses (s. 4A).
The Overseas Students Charge Regulations (Amendment) does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the document itself. However, the overarching legislation, the Overseas Students Charge Act 1979, may contain provisions that address non-compliance. Generally, breaches of regulations under the Act could result in civil penalties, such as fines, or criminal penalties, which could include imprisonment, depending on the severity of the breach and the provisions of the primary Act. The exact penalties would be determined by the court, taking into account the specific circumstances of the case.