Commonwealth Numbered Regulations - Explanatory Statements

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

Immigration (Education) Act 1971

Immigration (Education) Regulations (Amendment)

The Immigration (Education) Act 1971 (the Act) was amended by the Migration Legislation Amendment Act (No. 1) 1995 to enable the maximum fees which may be charged and recovered in relation to English language courses to be indexed at the commencement of each financial year. This 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 13 of the Act provides that the Governor-General may make regulations prescribing matters required and 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 fees charged for English courses in accordance with the indexing formula contained in subsection 4A(3A) of the Act.

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) Regulations to be amended as set out in these Regulations; and

       Regulation 3 - Regulation 4 (Fees - prescribed English courses) - Subregulation 3.1 amends paragraph 4(1)(a) of the Immigration (Education) Regulations by omitting the figure $250 and substituting the figure $270. Subregulation 3.2 amends paragraph 4(1)(b) of the Immigration (Education) Regulations by omitting the figure $50 and substituting the figure $55.

These Regulations commence on 1 November 1995.

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