Commonwealth Numbered Regulations - Explanatory Statements

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

Subject - Immigration (Education) Charge Act 1992

Immigration (Education) Charge Regulations (Amendment)

Section 10 of the Immigration (Education) Charge Act 1992 (the Act) provides that the GovernorGeneral may 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.

The purpose of the Regulations is to insert four new classes of entry permits in the definition of "exempt entry permit" for the purpose of subsection 3(2) of the Act. The new entry permits are to be inserted as a result of the Government's decision to grant permanent residence to persons who were holders of certain humanitarian temporary entry permits on 1 November 1993. The effect of this amendment will be to exempt the holders of the new entry permit classes from the payment of the English Education Charge imposed by the Act.

Details of the Regulations are as follows:

.       Regulation 1 provides for these regulations to commence on 1 March 1994;

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

.       Regulation 3 amends paragraph 4(a) of the Immigration (Education) Charge Regulations by adding the following new classes of entry permits to the list of exempt entry permits prescribed for the purposes of subsection 3(2) of the Act:

-       Class 815 (PRC (permanent)) entry permit;

-       Class 816 (special (permanent)) entry permit;

-       Class 817 (protection (permanent)) entry permit;

-       Class 818 (highly qualified on-shore (permanent)) entry permit.

The regulations commence on 1 March 1994.

Details of the Regulations are set out in the attachment.

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