Overseas Students Charge Amendment Act 1985

No. 155 of 1985

An Act to amend the Overseas Students Charge Act 1979

[Assented to 5 December 1985]

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

Short title, &c.

1. (1) This Act may be cited as the Overseas Students Charge Amendment Act 1985.

(2) The Overseas Students Charge Act 19791 is in this Act referred to as the Principal Act.

Commencement

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

Title

3. The title of the Principal Act is amended by omitting “alien” and substituting “non-citizen”.

Rates of charge

4. Section 6 of the Principal Act is amended—

(a) by inserting “before 1 January 1986” after “year”; and

(b) by adding at the end the following sub-sections:

“(2) The amount of the charge imposed by this Act in respect of the enrolment of an overseas student in a prescribed course for a year after 31 December 1985 is such amount, not exceeding—

(a) in the case of an overseas student who is an eligible overseas student in relation to the year, the relevant maximum amount in relation to the enrolment of the student in that course for the year or $4,340, whichever is the less; or

(b) in any other case—$4,340,

as is applicable under the regulations to that enrolment.

“(3) The reference in paragraph (2) (a) to the relevant maximum amount in relation to the enrolment of a student in that course for a year is a reference to—

(a) in the case of the year commencing on 1 January 1986— $3,565; or

(b) in the case of a subsequent year—the amount prescribed for the purpose of this sub-section, being an amount not exceeding the amount calculated by multiplying by 1.15 the amount of the charge imposed by this Act that would have been applicable to that enrolment if that enrolment had been an enrolment in that course for the immediately preceding year.

“(4) For the purposes of sub-section (2), an overseas student is an eligible overseas student in relation to a year (in this sub-section referred to as the ‘relevant year’) if the student—

(a) was enrolled in a prescribed course for the year that commenced on 1 January 1985; and

(b) is enrolled in either—

(i) that prescribed course; or

(ii) in a case where the student has, on one or more occasions, transferred his or her enrolment to another prescribed course—that other prescribed course,

for—

(iii) the relevant year; and

(iv) if the relevant year is a year after 31 December 1986—each year after 31 December 1985 and before the relevant year.

“(5) For the purposes of sub-section (4), where—

(a) the enrolment of an overseas student in a prescribed course is or was interrupted by a period of deferment approved by the prescribed educational institution offering the course; and

(b) the enrolment is resumed in accordance with the terms of the approval as specified at the time of the giving of the approval,

the overseas student shall be deemed to be enrolled in that course during that interruption.”.

NOTE

1. No. 119, 1979, as amended. For previous amendments, see No. 61, 1981; No 22, 1982; Nos. 68 and 84, 1983; and Nos. 136 and 165, 1984.

[Minister’s second reading speech made in—

House of Representatives on 21 August 1985

Senate on 28 November 1985]