Commonwealth Numbered Regulations - Explanatory Statements

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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 that the Governor-General 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 a new class of visa into the definition of "exempt visa" for the purposes of subsection 3(2) of the Act. The new visa is to be inserted as a result of the Government's decision to provide for persons in an interdependent relationship with an Australian citizen, permanent resident or eligible New Zealand citizen to apply, from outside Australia, for the grant of a permanent visa. The effect of this amendment is to exempt the holders of a visa of this new class from the payment of the English Education Charge imposed by the Act.

Details of the Regulations are as follows:

Regulation 1 Commencement - provides for these Regulations to commence on 3 July 1995;

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

Regulation 3 - Regulation 5 (Exempt visas) - amends paragraph 5(1)(a) of the Immigration (Education) Charge Regulations by inserting a new subparagraph (ib). The new subparagraph 5(1)(a)(ib) adds the new Interdependent (Migrant) (Class BI) visa to the list of exempt visas prescribed. for the purposes of subsection 3(2) of the Act.

The Regulations commence on 3 July 1995.

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