Commonwealth legislation

Classes of Persons Excluded from the Definition of Overseas Student - Determination 1997-22-s 7(4), Schedule 9 (24/12/1996)

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This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

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legislative instrument

Plain English Summary

2/10 complexity

This determination removes three groups from the legal definition of "overseas student" under the school funding law: diplomatic families (and their dependants on non‑student visas), international students on specified Australian government scholarships, and students whose university fully funds their studies.

That change means these students are treated like domestic students for federal school funding, so schools receive standard grants for them rather than reduced or no overseas‑student funding.

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Current sections

Direct links to the current provisions in Classes of Persons Excluded from the Definition of Overseas Student - Determination 1997-22-s 7(4), Schedule 9 (24/12/1996).

Classes of Persons Excluded from the Definition of Overseas Student - Determination 1997-22-s 7(4), Schedule 9 (24/12/1996)

Commonwealth of Australia

States Grants (Primary And Secondary Education Assistance) Act 1996

CLASSES OF PERSONS EXCLUDED FROM THE DEFINITION OF OVERSEAS

STUDENT

Determination 1997-22-s. 7(4), Schedule 9

I, Michael Goonrey, delegate of the Minister for Schools, Vocation Education and Training, for the purposes of the definition of “overseas student” in Schedule 9 and under subsection 7(4) of the States Grants (Primary and Secondary Education Assistance) Act 1996, determine that the classes of persons set out below are classes of persons to whom that definition does not apply:

(a) persons, including persons who are dependents of diplomats on official duty in Australia, not being persons (overseas students) who have a visa, or are included in a visa, issued under regulations made under the Migration Act 1958 that permits those persons to enter and stay in Australia for the purpose of undertaking a course provided by an institution or other body or person in Australia;

(b) persons who are overseas students, where those persons are receiving a sponsorship or a scholarship from the Commonwealth of Australia, including a sponsorship or scholarship provided under:

(i) the Sponsored Training Program;

(ii) the Equity and Merit Scholarship Scheme;

(iii) the Overseas Postgraduate Research Scholarship;

(iv) the Special Overseas Postgraduate Fund;

(c) persons who are overseas students, where those persons are receiving sponsorship or a scholarship from a higher education institution which meets the full cost of the education component of the award.

This determination takes effect from 1 January 1997.

Michael Goonrey

Acting Assistant Secretary

Schools Resources Branch

Dated: [24 December 1996]

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Classes of Persons Excluded from the Definition of Overseas Student - Determination 1997-22-s 7(4), Schedule 9 (24/12/1996)