Overseas Students Charge Regulations (Amendment)

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EXPLANATORY STATEMENT

STATUTORY RULES NO. 378

OVERSEAS STUDENTS CHARGE REGULATIONS (AMENDMENT)

ISSUED BY 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 matters necessary or convenient to be prescribed and to provide for reductions in the amount of the charge imposed by the Act.

Decisions made by the government in the 1986/87 Budget were implemented by amendments made to the Principal Act by the Overseas Students Charge Amendment Act 1986. These amendments to the Principal Act which include the transfer to the Act of provisions previously in the regulations, have made it necessary to appropriately amend the regulations to reflect and reference these changes. Amendments to correct anomalies and to remove redundant provisions have also been made.

Regulation 1 provides for the new amendments to come into operation on 22 December 1986.

Regulation 2 deals with citation.

Regulation 3 repeals regulation 3A of the Principal Regulations as these charge provisions for a student who changes a course of study or defers are now included in sub-sections (4A) and (5) of the Act as amended by the Overseas Students Charge Amendment Act 1986.

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.............	Argyle College of Technical and Further Education (Goulburn)
7	Diploma of Dramatic Arts...................	National Institute of Dramatic Art
8	Graduate Diploma of 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
13	Associate Diploma in Farm Management.........	Victorian College of Agriculture and Horticulture
14	Associate Diploma in Agricultural Services Technology	Victorian College of Agriculture and Horticulture
15	Associate Diploma in Farm Production Technology	Victorian College of Agriculture and Horticulture
16	Diploma of Applied Science..................	Victorian College of Agriculture and Horticulture
17	Bachelor of Applied Science.................	Victorian College of Agriculture and Horticulture

	QUEENSLAND
18	Diploma of Teaching......................	McAuley College
19	Graduate Diploma in Education...............	McAuley College
20	Graduate Diploma in Religious Education	McAuley College
21	Diploma of Arts..........................	Queensland College of Art
22	Bachelor of Arts.........................	Queensland College of Art
23	Diploma of Arts..........................	Townsville College of Technical and Further Education

	TASMANIA
24	Associate Diploma in Marine Radiocommunications..	Australian Maritime College
25	Associate Diploma in Maritime Electronics	Australian Maritime College
26	Bachelor of Applied Science.................	Australian Maritime College
27	Bachelor of Engineering....................	Australian Maritime College
28	Graduate Diploma in Advanced Marine Engineering Management	Australian Maritime College
29	Graduate Diploma in Business................	Australian Maritime College
30	Graduate Diploma in Fisheries Technology	Australian Maritime College
31	Graduate Diploma in Hydrographic Surveying	Australian Maritime College

SCHEDULE—continued

Column 1	Column 2	Column 3
Item	Course of study	Institution

	NORTHERN TERRITORY
32	Associate Diploma in Ceramics...............	Darwin Institute of Technology
33	Associate Diploma in Public Administration	Darwin Institute of Technology
34	Associate Diploma in Theatre Arts.............	Darwin Institute of Technology
35	Associate Diploma in Biology................	Darwin Institute of Technology
36	Associate Diploma in Computing..............	Darwin Institute of Technology
37	Diploma of Applied Science.................	Darwin Institute of Technology
38	Diploma of Teaching......................	Darwin Institute of Technology
39	Bachelor of Arts.........................	Darwin Institute of Technology
40	Bachelor of Education.....................	Darwin Institute of Technology
41	Bachelor of Business......................	Darwin Institute of Technology
42	Graduate Diploma in Education...............	Darwin Institute of Technology
43	Graduate Diploma in Teaching English as a Second Language	Darwin Institute of Technology
	AUSTRALIAN CAPITAL TERRITORY
44	Associate Diploma in Art...................	Canberra School of Art
45	Diploma of Arts.........................	Canberra School of Art
46	Bachelor of Arts.........................	Canberra School of Art
47	Graduate Diploma in Art...................	Canberra School of Art
48	Diploma of Music........................	Canberra School of Music
49	Bachelor of Music........................	Canberra School of Music
50	Graduate Diploma in Music.................	Canberra School of Music
51	Diploma of Jazz.........................	Canberra School of Music
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 Hotel and Catering Management	Ryde College of Technical and Further Education
2	Associate Diploma in Horticulture.............	Ryde College of Technical and Further Education
3	Associate Diploma in Medical Radiography	Sydney Technical College
4	Associate Diploma in Health and Building Surveying	Sydney Technical College
5	Associate Diploma in Metallurgy..............	Sydney Technical College
6	Associate Diploma in Nuclear Medicine Technology	Sydney Technical College
7	Associate Diploma in Travel and Tourism	Sydney Technical College
8	Associate Diploma in Valuation...............	Sydney Technical College
9	Associate Diploma in Welfare Work............	Sydney Technical College
10	Associate Diploma in Metallurgy..............	Wollongong College of Technical and Further Education
11	Associate Diploma in Coal Mining.............	Wollongong College of Technical and Further Education

SCHEDULE—continued

Column 1	Column 2	Column 3
Item	Course of study	Institution

	VICTORIA
12	Associate Diploma in Farm Management.........	Victorian College of Agriculture and Horticulture, Glenormiston Campus
13	Graduate Diploma in Horticulture.............	Victorian College of Agriculture and Horticulture, Burnley Campus
	QUEENSLAND
14	Associate Diploma in Real Estate Valuation.......	Kangaroo Point College of Technical and Further Education
15	Associate Diploma in Applied Science..........	Mackay College of Technical and Further Education
16	Associate Diploma in Real Estate Valuation.......	Queensland Technical Correspondence School
17	Associate Diploma in Electrical and Electronic Engineering	Townsville College of Technical and Further Education
	TASMANIA
18	Associate Diploma in Marine Communication	Australian Maritime College
19	Diploma of Applied Science.................	Australian Maritime College
20	Diploma in Engineering....................	Australian Maritime College
21	Bachelor of Applied Science.................	Australian Maritime College
	NORTHERN TERRITORY
22	Diploma of Teaching (TAFE)................	Darwin Institute of Technology

Overview

The Overseas Students Charge Regulations (Amendment) Statutory Rules No. 378, issued under the authority of the Minister for Education, was enacted in 1986 to address the need for updating the regulations governing the Overseas Students Charge imposed by the Overseas Students Charge Act 1979. The 1986/87 Budget decisions necessitated amendments to the Principal Act, which in turn required corresponding amendments to the regulations. These changes were aimed at correcting anomalies and removing redundant provisions to ensure the regulations accurately reflect the updated legislative framework. The amendments were implemented by the Parliament of Australia to ensure the Overseas Students Charge Regulations align with the recent legislative changes and effectively address the policy objectives of the Principal Act. These objectives include the provision of regulations necessary or convenient to the implementation of the charge, as stipulated in Section 8 of the Act. The regulations now reflect the transfer of certain provisions from the regulations to the Principal Act and include a revised schedule of declared courses, distinguishing between full-time and part-time study courses.

Scope and Application

The Overseas Students Charge Regulations (Amendment) 1986 applies to overseas students enrolled in courses specified in the amended regulations, which now include provisions previously found in the Overseas Students Charge Act 1979. These regulations cover students enrolled in courses listed in the Schedule of Declared Courses for the purposes of the Act, detailing both full-time and part-time study courses offered by educational institutions across various states and territories in Australia. The amendments also reflect changes made by the Overseas Students Charge Amendment Act 1986, including the transfer of certain provisions from the regulations to the Principal Act and the correction of anomalies. The amendments are designed to ensure that the regulations accurately reflect the current legislative framework and educational offerings. The regulations do not specify exclusions or exemptions beyond what is listed in the Schedule, which details the courses and institutions covered. The jurisdictional reach of these regulations is national, applying to all educational institutions and courses listed across Australia as per the amended Schedule. Subordinate instruments may further extend or restrict the application of these regulations.

Key Provisions

The Overseas Students Charge Regulations (Amendment) Statutory Rules No. 378, issued by authority of the Minister for Education, introduces a series of amendments to the Overseas Students Charge Regulations 1986. Regulation 1 specifies that these amendments will come into operation on 22 December 1986. Regulation 2 addresses the citation of the amended regulations, ensuring they are correctly referenced in future legal documents and proceedings. Regulation 3 repeals regulation 3A of the Principal Regulations, as the provisions concerning students changing courses or deferring are now incorporated into sub-sections (4A) and (5) of the Overseas Students Charge Act 1979, as amended by the Overseas Students Charge Amendment Act 1986. Regulation 4 replaces the existing Schedule of Declared Courses with a revised Schedule, dividing courses into full-time and part-time study categories, as listed in Parts I and II of the Schedule respectively. The amended regulations impose several obligations on the parties they govern, including educational institutions and students. Educational institutions must ensure that their courses align with the updated Schedule, correctly classifying them as either full-time or part-time. This classification impacts the application of the Overseas Students Charge and any associated entitlements or exemptions. Students enrolling in courses listed in the Schedule must be informed of the charge implications based on whether their course is classified as full-time or part-time. Accurate classification and disclosure are crucial to comply with the legislative requirements. Failure to adhere to the amended regulations may result in various consequences. Institutions that incorrectly classify courses could face enforcement actions, including fines or other penalties. Students who are misinformed about the nature of their courses and subsequently fail to pay the correct charge may also face repercussions, such as being liable for the charge retroactively. The specific penalties for non-compliance are not detailed in the Explanatory Statement, but they are likely to be outlined in the relevant sections of the Overseas Students Charge Act 1979 or subsequent amendments. The seriousness of the breach will determine the severity of the penalties imposed, ensuring compliance with the legislative framework governing overseas student charges.

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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