Overseas Students Charge Collection Act 1979

No. 120 of 1979

An Act to make provision for and in relation to the collection of the charge imposed by the Overseas Students Charge Act 1979.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Overseas Students Charge Collection Act 1979.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. An expression to which a particular meaning has been given by the Overseas Students Charge Act 1979 has the same meaning when used in this Act.

Payment of charge

4. Subject to section 7, the charge in respect of the enrolment of an overseas student in a prescribed course for a year is due for payment by the student—

(a) where the enrolment commences on a day in that year—on that day, or on 15 March in that year, whichever is the later; or

(b) where the enrolment commences on a day before that year—on 15 March in that year.

Changing of courses during year

5. Where an overseas student—

(a) is enrolled in a prescribed course (in this section referred to as “the first course”) for a year; and

(b) at any time during that year, transfers his enrolment from that course to another prescribed course (in this section referred to as “the second course”) for that year,

the amount of the charge to which the student would, but for this section be liable in respect of his enrolment in the second course for that year is reduced by so much of the amount of the charge to which he is liable in respect of his enrolment in the first course for that year as is not, or has not been, refunded to him under the regulations.

Grant of visas and temporary entry permits to overseas students

6. (1) Notwithstanding anything in the Migration Act 1958, an officer shall not grant under that Act a temporary entry permit to a person who proposes to undertake or continue a prescribed course in a year in which the permit is to be in force unless the officer is satisfied that—

(a) there has been paid to the Commonwealth, in accordance with the regulations, an amount equal to the amount of the charge (if any) to which the person is or will be liable in respect of his enrolment in that course for that year; or

(b) any liability of the person to the charge in respect of his enrolment in that course for that year will be discharged under sub-section 7(1) or an arrangement has been entered into under sub-section 7(2) in relation to that charge.

(2) Where an amount has been paid as provided by paragraph (1)(a) by or on behalf of a person—

(a) if an amount of the charge becomes payable by the person in the year to which the amount so paid relates—

(i) the amount so paid shall be applied in total or partial discharge of the amount of the charge so payable; and

(ii) the amount (if any) by which the amount so paid exceeds the amount of the charge so payable shall be refunded to the person; or

(b) in any other case—the amount so paid shall be refunded to the person.

(3) On and after the commencement of Division 1a of Part II of the Migration Act 1958, this section has effect as if—

(a) a reference to an officer included a reference to a person who is an authorized officer within the meaning of that Act; and

(b) a reference to a temporary entry permit included a reference to a visa within the meaning of that Act.

(4) In this section, “officer” has the same meaning as in the Migration Act 1958.

Special arrangements for discharge of liability

7. (1) Where—

(a) the Minister for Foreign Affairs enters into an arrangement with a government of a country other than Australia (not being an arrangement under sub-section (2)) under which the liability of a person to the charge in respect of his enrolment in a prescribed course for a year is to be discharged under this sub-section; or

(b) a Department or authority of the Commonwealth grants a scholarship or like award to a person for the purpose of assisting him to undertake or continue a prescribed course in a year,

an authorized officer may issue a written certificate stating that the liability of the person to the charge in respect of his enrolment in that course for that year is discharged under this sub-section, and thereupon—

(d) any amount that has been paid as provided by paragraph 6(1)(a) in relation to the charge, and any amount of the charge that has been paid, shall be refunded to that person.

(2) Where the Minister for Foreign Affairs enters into an arrangement with a government of a country other than Australia under which that government undertakes to pay, at a time determined by or under the arrangement, the charge imposed upon a person in respect of his enrolment in a prescribed course for a year—

(a) the person is not, and shall be deemed not to have been, liable to pay the charge in accordance with section 4; and

(b) if, otherwise than in accordance with the arrangement—

(i) any amount has been paid as provided by paragraph 6(1)(a) in relation to the charge; or

(ii) any amount of the charge has been paid,

it shall be refunded to the person,

but, if the whole or part of the charge is not paid in accordance with the arrangement, the person becomes, on a date determined by the Minister by notice in writing, liable to pay so much of the charge as is unpaid.

(3) In this section,” authorized officer” means—

(a) in a case to which paragraph (1)(a) applies—an officer of the Department of Foreign Affairs; or

(b) in a case to which paragraph (1)(b) applies—an officer of the Department concerned or a member or officer of the authority concerned,

who is authorized by the Minister in writing to issue certificates under this section.

Recovery of charge

8. Any charge that a person has become liable to pay and has not paid is a debt due to the Commonwealth by the person by whom the charge is payable.

Regulations

9. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular—

(a) making provision for and in relation to exemptions from, and remissions of, the charge;

(b) making provision for and in relation to the payment of refunds of the charge and the recovery of refunds paid incorrectly; and