Federal Register of Legislation - Australian Government

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Act No. 140 of 1988 as made
An Act to amend the Overseas Students Charge Collection Act 1979
Date of Assent 26 Dec 1988
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015

Overseas Students Charge Collection Amendment Act 1988

No. 140 of 1988

 

An Act to amend the Overseas Students Charge Collection Act 1979

[Assented to 26 December 1988]

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

Short title etc.

1. (1) This Act may be cited as the Overseas Students Charge Collection Amendment Act 1988.

(2) In this Act, “Principal Act” means the Overseas Students Charge Collection Act 19791.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Payment of charge

3. Section 4 of the Principal Act is amended by inserting in subsection (1) “, or as a casual higher education student,” after “course”.

Exemption from charge

4. Section 4a of the Principal Act is amended:

(a) by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) a student who is enrolled in a prescribed course or as a casual higher education student as a result of a reciprocal exchange agreement between:

(i) a tertiary education institution and an overseas tertiary education institution or an overseas organisation; or

(ii) an organisation in Australia and an overseas tertiary education institution or an overseas organisation;

being an agreement specified by an authorised officer for the purposes of this paragraph;”;

(b) by omitting from paragraph (1) (f) “Department of Immigration and Ethnic Affairs” and substituting “Department that deals with matters relating to migration”;

(c) by omitting from paragraph (1) (f) “for Education”;

(d) by omitting from paragraph (1) (k) “and”;

(e) by inserting after paragraph (1) (k) the following paragraph:

“(ka) a casual higher education student in respect of whose enrolment the institution at which the student is enrolled charges a fee that is, in the opinion of the Minister, greater than or equal to the whole of the cost incurred by the institution in respect of the study undertaken by the student;”;

(f) by omitting subsection (2) and substituting the following subsection:

“(2) An authorised officer shall not specify an agreement for the purposes of paragraph (1) (b) or (c) unless, as a result of the agreement:

(a) the number of overseas students enrolled at institutions in Australia is equal to the number of Australian students enrolled at overseas education institutions; and

(b) the studies to be undertaken by, and the financial arrangements in respect of travel, maintenance and tuition made for, overseas students enrolled at institutions in Australia are similar to the studies to be undertaken by, and the financial arrangements in respect of travel, maintenance and tuition made for, Australian students enrolled at overseas education institutions.”.


 

5. Section 5 of the Principal Act is repealed and the following section is substituted:

Change in enrolment during year

“5. Where:

(a) an overseas student who has paid an amount of charge in respect of an enrolment (whether in a prescribed course or as a casual higher education student) for a year, at any time during that year, transfers from that enrolment to another enrolment (whether in a prescribed course or as a casual higher education student) for that year; and

(b) a charge is payable by the student in respect of that other enrolment;

the amount of charge to which the student would, but for this section, be liable in respect of that other enrolment is reduced by so much of the amount of charge paid in respect of the first-mentioned enrolment as is not, or has not been, refunded to the student under the regulations.”.

Grant of temporary entry permits to overseas students

6. Section 6 of the Principal Act is amended by omitting subsections (1) and (1a) and substituting the following subsections:

“(1) In spite of anything in the Migration Act 1958, an officer shall not grant under that Act a temporary entry permit to an overseas student who is enrolled (whether in a prescribed course or as a casual higher education student) at a prescribed educational institution for 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 in discharge of the liability (if any) of the student to pay a charge in respect of his or her enrolment at that institution for that year;

(b) any liability of the student to the charge in respect of his or her enrolment at that institution for that year will be discharged under subsection 7(1) or an arrangement has been entered into under subsection 7 (2) in relation to that charge; or

(c) the Commonwealth has accepted the responsibility for the payment of any charge in respect of the student’s enrolment at that institution for that year.

“(1a) Subsection (1) does not prohibit the grant of a temporary permit in respect of that part of a year that occurs before the day on which any charge in respect of the enrolment of the overseas student at a prescribed institution for that year becomes due for payment.”.

Special arrangements for discharge of liability

7. Section 7 of the Principal Act is amended:

(a) by omitting from paragraph (1) (a) “for Foreign Affairs” and “his enrolment in a prescribed course” and substituting “administering


 

the Department dealing with external affairs” and “the person’s enrolment at a prescribed educational institution” respectively;

(b) by omitting from subsection (1) “his enrolment in that course” and substituting “the person’s enrolment at that institution or in that course”;

(c) by omitting from subsection (2) “for Foreign Affairs” and “his enrolment in a prescribed course” and substituting “administering the Department dealing with external affairs” and “the person’s enrolment at a prescribed educational institution” respectively;

(d) by omitting from paragraph (3) (a) “of Foreign Affairs” and substituting “that deals with external affairs”.

 

NOTE

1. No. 120, 1979, as amended. For previous amendments, see No. 23, 1982; No. 165, 1984; and No. 139, 1986.

[Minister’s second reading speech made in—

House of Representatives on 3 November 1988

Senate on 25 November 1988]