Commonwealth Numbered Regulations - Explanatory Statements

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IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) 1993 NO. 254

STATUTORY RULES 1993 No. 254

Issued by the Authority of the Minister for Immigration, and Ethnic Affairs

Immigration (Education) Charge Act 1992

Immigration (Education) Charge Regulations (Amendment)

Section 10 of the Immigration (Education) Charge Act 1992 (the Act) provides for the GovernorGeneral to make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, section 6 of the Act enables the regulations to prescribe in relation to classes of applicants the amount of the English Education Charge, not exceeding $4,080, imposed by section 5 of the Act in relation to an application by a non-citizen for certain visas and entry permits.

The purpose of the Regulations is to increase from 25 per cent of costs to 50 per cent of costs the amount of the English Education Charge imposed on applicants for a Class 105 (concessional family) visa, and applicants for a Class 126 (independent entrant) visa as secondary persons. These increases are to take effect in relation to applications lodged on or after 1 October 1993 but will not be payable if the visa is granted before 1 January 1994.

Details of the Regulations are as follows:

•       Regulation 1 provides for these Regulations to commence on 1 October 1993;

•       Regulation 2 provides for the Immigration (Education) Charge Regulations to be amended as set out in these Regulations;

•       Regulation 3 provides for the following amendments to be made to the Schedule (Amounts of English Education Charge) to the Immigration (Education) Charge Regulations:

-       subregulation 3.1 omits "1,020" in column 3 in respect of item 1, paragraphs (a) and (b), and substitutes "2,040". The effect of this amendment is to increase from $1,020 to $2,040 the amount payable by those applicants for a Class 105 (concessional family) visa, as a primary or a secondary person, on whom the English Education Charge is imposed by section 5 of the Act;

-       subregulation 3.2 omits "1,020" in column 3 in respect of item 6, paragraph (b), and substitutes "2,040". The effect of this amendment is to increase from $1,020 to $2,040 the amount payable by those applicants for a Class 126 (independent entrant) visa as secondary persons on whom the English Education Charge is imposed by section 5 of the Act; and

•       Regulation 4 provides, as a transitional provision, that the increases in the English Education Charge effected by the amendments made by regulation 3 to the Schedule of the Immigration (Education) Charge Regulations do not apply in relation to a visa application lodged on or after 1 October 1993 if the visa is granted before 1 January 1994.

The Regulations commence on 1 October 1993.