Commonwealth Numbered Regulations

1979 No. 290 OVERSEAS STUDENTS CHARGE COLLECTION REGULATIONS - REG 4

4. (1) Each of the following students is exempt from the payment of the
charge:

   (a)  a postgraduate student who is the holder of a scholarship awarded by a
        university or college of advanced education for study at that
        institution, being a scholarship that entitles the holder to an amount
        by way of living allowance of at least $3,500 per annum, not including
        any amount payable in respect of the holder's dependants;

   (b)  a postgraduate student who is the holder of a scholarship awarded by
        the Australian-American Educational Foundation established by the
        Australian-American Educational Foundation Ordinance 1966 of the
        Australian Capital Territory;

   (c)  a student who is enrolled in a course at a university or college of
        advanced education as a result of a reciprocal exchange agreement
        between the university or college and an overseas tertiary education
        institution, being an agreement specified by an authorized officer for
        the purposes of this paragraph;

   (d)  a student who is enrolled in a course of external study conducted by a
        university or college of advanced education, being a course that
        requires a period of study at the university or college of not more
        than 6 weeks in a year;

   (e)  a student who is-

        (i)    the holder of a scholarship awarded by the Commonwealth, a
               specialized agency of the United Nations Organization or the
               government of another country, being a scholarship that
               entitles the holder to an amount by way of living allowance of
               at least $3,500 per annum, not including any amount payable in
               respect of the holder's dependants; and

        (ii)   enrolled in a course offered by a prescribed educational
               institution, being a course that is offered by the institution
               as the result of an arrangement entered into between the
               institution and the Commonwealth, a specialized agency of the
               United Nations Organization or the government of another
               country and that is specified by an authorized officer for the
               purposes of this paragraph;

   (f)  a student in respect of whom an authorized officer has issued a
        certificate that he is a refugee or a stateless person;

   (g)  a student who-

        (i)    was, at the time of enrolment in a prescribed course for a
               year, a person referred to in sub-section 8 (1) of the
               Migration Act 1958; and

        (ii)   during that year, ceases to be such a person;

   (h)  a student who-

        (i)    before 1 October 1979, has entered Australia in order to
               undertake the final year or 2 years of secondary studies;

        (ii)   completes his secondary studies in the year 1979, 1980 or 1981;
               and

        (iii)  enrols in a prescribed course in the year next succeeding the
               year in which he completes his secondary studies;

   (j)  a student who-

        (i)    has entered Australia in order to undertake an intensive
               English course before enrolling in a prescribed course;

        (ii)   during the period that commenced on 1 January 1979 and ended on
               1 October 1979, commenced an intensive English course in
               Australia and completed or completes the course successfully;
               and

        (iii)  enrols in a prescribed course in 1980 or 1981;

   (k)  a student who has his home or permanent place of abode in the
        Territory of Norfolk Island and-

        (i)    is an Australian citizen or complies with the requirements of
               paragraph 14 (1) (d) of the Australian Citizenship Act 1948;

        (ii)   is a resident of Norfolk Island within the meaning of the
               Immigration Ordinance 1968 of the Territory of Norfolk Island;
               or

        (iii)  is the holder of an entry permit, other than a temporary entry
               permit, issued under the Immigration Ordinance 1968 of the
               Territory of Norfolk Island;

(1) a student who has his home or permanent place of abode in the Territory of
Christmas Island and-

        (i)    is an Australian citizen;

        (ii)   complies with the requirements of paragraph 14 (1) (d) of the
               Australian Citizenship Act 1948;

        (iii)  is a person referred to in section 15 of the Christmas Island 
               Act 1958 ; or

        (iv)   has been granted entry to Christmas Island, under the
               Immigration Ordinance of the Colony of Singapore in its
               application to that Territory, without restriction as to the
               length of his stay;

   (m)  a student who has his home or permanent place of abode in the
        Territory of Cocos (Keeling) Islands and-

        (i)    is an Australian citizen;

        (ii)   is a person referred to in section 14 or 14A of the Cocos (
               Keeling) Islands Act 1955; or

        (iii)  has been granted entry to Cocos (Keeling) Islands, under the
               Immigration Ordinance 1952 of the Colony of Singapore in its
               application to that Territory, without restriction as to the
               length of his stay;

   (n)  a student who-

        (i)    was enrolled, at any time during the period that commenced on 1
               January 1979 and ended on 1 October 1979, in a course (not
               being an undergraduate course) that is a qualifying course for
               a course leading to the award of a master's degree; and

        (ii)   is enrolled, in the year in which he completed or completes
               that course or in the immediately succeeding year, in a course
               leading to the award of a master's degree.

(2) An authorized officer shall not specify an agreement for the purposes of
paragraph (1) (c) unless-

   (a)  the number of overseas students enrolled as a result of the agreement
        at the tertiary institution in Australia is similar to the number of
        Australian students enrolled as a result of the agreement at the
        overseas tertiary institution; and

   (b)  the courses offered, and the financial arrangements made in respect of
        travel, maintenance and tuition, by the tertiary institution in
        Australia as a result of the agreement are similar to the courses
        offered, and the financial arrangements made in respect of travel,
        maintenance and tuition, by the overseas tertiary institution as a
        result of the agreement.

(3) The exemption conferred on a student by virtue of paragraph (1) (h) or (j)
extends to enrolment in respect of each succeeding year of the prescribed
course referred to in that paragraph.

(4) Where a student who is exempt from the charge by virtue of paragraph (1)
(h) or (j) enrols in a prescribed course that, for the purposes of sub-section
7 (2) of the Charge Act, is to be treated as the same course as another
course, the student is exempt from the charge in respect of his enrolment in
the first-mentioned course.

(5) Where-

   (a)  the enrolment in a prescribed course of a student who is exempt from
        the charge by virtue of paragraph (1) (h) or (j) is 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 giving the approval, the student shall be
        deemed to be enrolled in respect of that course during that
        interruption.