EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO. 311
ISSUED BY THE AUTHORITY OF THE MINISTER FOR EMPLOYMENT, EDUCATION AND TRAINING
OVERSEAS STUDENTS CHARGE ACT 1979
OVERSEAS STUDENTS CHARGE REGULATIONS (AMENDMENT)
Section 8 of the Overseas Students Charge Act 1979 (the Act) provides that the Governor-General may make regulations for matters necessary or convenient to be prescribed and to provide for reductions in the amount of the charge imposed by the Act.
Section 4A of the Act provides that the regulations may declare a specified course of study offered, or to be offered, by a specified educational institution to be a declared course for the purposes of the Act.
The amendment to the Regulations will update the Schedule of Declared Courses. Courses so declared will attract the overseas students charge at the advanced education course level.
Regulation 1 provides for the new amendment to come into operation on 1 January 1988.
Regulation 2 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.
Overview
The Overseas Students Charge Act 1979 was enacted to provide a legislative framework for imposing a charge on overseas students who undertake certain courses in Australia. This legislation was introduced to address the need for a financial contribution from overseas students to support education and training services. The Act was passed by the Parliament of Australia, reflecting a policy objective to ensure that overseas students contribute towards the costs of their education. The accompanying regulations, as amended, specify the courses that attract the overseas students charge at the advanced education course level, distinguishing between full-time and part-time study. The most recent amendment to these regulations, issued under the authority of the Minister for Employment, Education and Training, updates the Schedule of Declared Courses, which came into effect on 1 January 1988. This amendment ensures that the regulatory framework remains current and aligned with the educational offerings in Australia.
Scope and Application
The Overseas Students Charge Act 1979 applies to overseas students enrolled in eligible courses at designated educational institutions within Australia. The Act mandates the imposition of a charge on overseas students, with the amount of the charge varying according to the type of course being undertaken, such as advanced education or vocational education courses. The regulations made under the Act, including the amendments specified in Statutory Rules 1987 No. 311, extend the application of the Act by identifying which courses are subject to the overseas students charge. These regulations outline the specific courses that qualify as declared courses, thereby attracting the higher advanced education course level charge. The amendment to the Overseas Students Charge Regulations (Amendment) Statutory Rules 1987 No. 311, which came into effect on 1 January 1988, updated the Schedule of Declared Courses to reflect changes in course offerings at educational institutions. The new Schedule distinguishes between full-time and part-time courses, ensuring that the appropriate charge is applied based on the nature of the course undertaken by the overseas student.
Key Provisions
The Overseas Students Charge Act 1979 (the Act) primarily governs the imposition of charges on overseas students attending educational institutions in Australia. Under section 8 of the Act, the Governor-General is empowered to issue regulations for matters deemed necessary or convenient, which can include reducing the amount of the charge imposed. Additionally, section 4A of the Act allows the regulations to specify certain courses of study offered by educational institutions as declared courses. These declared courses are subject to the overseas students charge at the advanced education course level.
The obligations under the Act and its accompanying regulations primarily concern the institutions offering specified courses to overseas students. Educational institutions must ensure their courses are accurately listed in the Schedule of Declared Courses, which has been updated through the amendment. Institutions offering full-time courses must list them in Part I of the Schedule, while those offering part-time courses must list them in Part II. The amendment, effective from 1 January 1988, requires institutions to comply with the new Schedule, ensuring they correctly identify and charge applicable courses as declared courses.
Failure to comply with the regulations could lead to civil or administrative consequences. Institutions that do not accurately list their courses or charge the correct fee may face penalties. The exact nature of these penalties is not detailed in the explanatory statement, but they could include fines or other financial penalties. Additionally, non-compliance could result in legal challenges from students who may have been incorrectly charged or not charged at all. The maximum penalties are not specified within the explanatory statement, but they would be determined by relevant legislation or court decisions.
While the explanatory statement does not detail specific offences or criminal consequences, breaches of the Act or its regulations could potentially lead to criminal charges under other related Australian laws. This could include charges of fraud or misrepresentation if institutions deliberately misclassify courses to avoid charges. Such actions could lead to more severe penalties, including imprisonment. The precise legal outcomes depend on the specific circumstances and the application of broader Australian criminal law.