Commonwealth Numbered Regulations - Explanatory Statements

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IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) 1995 NO. 39

STATUTORY RULES 1995 No. 39

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 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 exempt from payment of the English Education Charge applicants for a Business Skills (Residence) (Class BH) visa and applicants for subclasses 832 (Close Ties) and 833 (Certain Unlawful Non-citizens). Their dependants are also to be exempt from payment of the English Education Charge.

Details of the Regulations are as follows:

Regulation 1 - Commencement

Subregulation 1.1 provides the subject to subregulation 1.2, these Regulations are taken to have commenced on 1 September 1994.

Retrospectivity will be entirely beneficial[ to the holders of the visas affected and will not be prejudicial to any person. Retrospectivity does not, therefore contravene subsection 48(2) of the Acts Interpretation Act 1901.

Subregulation 1.2 provides for subregulation 3.1 to commence on 3 April 1995.

Regulation 2 - Amendment

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

Regulation 3 - Regulation 5 (Exempt visas)

Subregulation 3.1 amends regulation 5 by inserting subparagraph 5(1)(a)(ia). This amendment prescribes the Business Skills (Residence) (Class BH) visa as an "exempt visa". The Business Skills (Residence) (Class BH) visa is a new visa class created by amendments to the Migration Regulations which commence on 3 April 1995.

Subregulation 3.2 amends regulation 5 by inserting subparagraphs 5(1)(a)(ixa) and (ixb). These amendments prescribe the subclass 832 (Close Ties) and subclass 833 (Certain Unlawful Noncitizens) visas as "exempt visas". The subclass 832 (Close Ties) visa and the subclass 833 (Certain Unlawful Non-citizens) visa were new visa subclasses which came into effect on 1 September 1994 and were omitted from being prescribed visas pursuant to regulation 5 by oversight.

Subregulation 3.2 of the Regulations is retrospective to 1 September 1994. Retrospectivity is beneficial to the persons concerned and will not be prejudicial to any person. Retrospectivity will not, therefore, contravene subsection 48(2) of the Acts Interpretation Act 1901.