Commonwealth Numbered Regulations - Explanatory Statements

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IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) 1995 NO. 304

STATUTORY RULES 1995 No. 304

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

Immigration (Education) Charge Act 1992

Immigration (Education) Charge Regulations (Amendment)

The Immigration (Education) Charge Act 1992 (the Act) was amended by the Immigration (Education) Charge Amendment Act 1995 to enable automatic indexation of the English Education Charge payable under the Act. The amendment was one of a package of amendments to implement the Government's decision to provide for the increases in portfolio fees, charges and levies in line with the impact of price movements on Commonwealth government running costs outlays without the need to periodically amend primary legislation.

Section 10 of 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 index the English Education Charge, in accordance with the indexing formula contained in subsection 6(2) of the Act, for applications for visas made after 1 November 1995.

Details of the Regulations are as follows:

•       Regulation 1 - Commencement - provides for these Regulations to commence on 1 November 1995;

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

•       Regulation 3 - Regulation 6 (Prescribed amounts - section 6 of the Act) - omits regulation 6 of the Immigration (Education) Charge Regulations and substitutes a new regulation. New regulation 6 substantially repeats the provisions of the omitted regulation in relation to applications for visas made before 1 November 1995. In addition, new regulation 6 makes specific provision for applications for visas made on or after 1 November 1995. New regulation 6 differs from the omitted regulation to enable indexation of the amounts of English Education Charge for applications for visas made on or after 1 November 1995; and

•       Regulation 4 - Schedule (Amounts of English education charge) - this regulation omits the Schedule to the Immigration (Education) Charge Regulations and substitutes a new Schedule. The new Schedule repeats the amounts of the English Education Charge which were prescribed in the omitted Schedule in relation to applications made before 1 November 1995 and prescribes indexed amounts of the English Education Charge in relation to applications made after 1 November 1995. The indexed amounts are determined in accordance with the indexing formula provided in subsection 6(2) of the Act.

These Regulations commence on 1 November 1995.