Commonwealth Numbered Regulations - Explanatory Statements

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IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) 1994 NO. 263

STATUTORY RULES 1994 No. 263

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

Subject Immigration (Education) Charge Act 1992

Immigration (Education) Charge Regulations (Amendment)

Amendments to the Migration Act 1958 (the Act) commence on 1 September 1994. These amendments include amendments which renumber the provisions of the Act. These Regulations are made to commence on 1 September 1994 to implement changes necessary as a result of the amendments to the Act. All references in this Explanatory Statement are to the renumbered provisions as they will exist on 1 September 1994.

The Act provides the regulation making powers set out below which enable these Regulations to be made. Where necessary, subsection 4 (1) of the Acts Interpretation Act 1901 is relied upon. That subsection provides that, where an amending Act amends a principal Act in such a way that the principal Act will confer power to make regulations, then the power may be exercised before the amendments come into operation as if they had come into operation.

Section 10 of the Immigration (Education) Charge Act 1992 provides that the Governor-General may make regulations prescribing matters required or permitted 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 make amendments to the Immigration (Education) Charge Regulations to implement the amendments to the Act and to the Migration Regulations, from 1 September 1994. In particular, the Regulations are designed to give effect to the fact that, due to those amendments, on and after 1 September 1994, there will be three groups of visa applications:

•       applications for visas made on or after 1 September 1994;

•       applications for transitional visas constituted by applications for entry permits made before 1 September 1994; and

•       applications for visas made before 1 September 1994.

None of these amendments involves any substantive changes in policy.

Details of the Regulations are as follows:

Regulation 1 - Commencement

This regulation provides for these Regulations to commence on 1 September 1994.

Regulation 2 - Amendment

This regulation provides for the Immigration (Education) Charge Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 3 (Interpretation)

Subregulation 3(2) amends subregulation 3(2) of the Immigration (Education) Charge Regulations by omitting the reference to (1993). This amendment reflects the repeal of the Migration (1993) Regulations and the making of the Migration Regulations.

Regulation 4 - Regulation 4 (Prescribed entry permits - definition of "exempt entry permit")

This regulation omits regulation 4 of the Immigration (Education) Charge Regulations to reflect the fact that, from 1 September 1994, all applications for entry permits will be taken to be applications for transitional visas.

Regulation 5 - Regulation 5 (Prescribed visas - definition of "exempt visa")

This regulation amends regulation 5 of the Immigration (Education) Charge Regulations by omitting the regulation and substituting a new regulation. The new regulation prescribes visas for the purposes of the definition of "exempt visa" in subsection 3(2) of the Immigration (Education) Charge Act 1992. The English Education Charge is not payable in respect of an application for an exempt visa.

Regulation 6 - Regulation 6 (Prescribed amounts - section 6 of the Act)

This regulation amends regulation 6 of the Immigration (Education) Charge Regulations by omitting the regulation and substituting a new regulation. The new regulation prescribes the amounts payable by specified classes of persons. The amounts are set out in the schedule substituted by regulation 7.

Regulation 7 - Schedule (Amounts of English education charge)

This regulation omits the Schedule to the Immigration (Education) Charge Regulations and substitutes a new Schedule which sets out the amounts payable by a person under regulation 6.