Commonwealth Numbered Regulations - Explanatory Statements

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IMMIGRATION (EDUCATION) REGULATIONS (AMENDMENT) 1997 NO. 280

STATUTORY RULES 1997 No. 280

Immigration (Education) Act 1971

Immigration (Education) Regulations (Amendment)

Section 13 of the Immigration (Education) Act 1971 ("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.

Paragraph 4A(3)(b) of the Act provides that the regulations may provide for the refund, reduction or waiving of fees in cases identified in the regulations.

Paragraph 4B(e) of the Act provides that the Minister for Immigration and Multicultural Affairs is to arrange for English courses to be provided for certain persons if those persons are not excluded from being provided with English tuition by the regulations.

Paragraph 4C(e) of the Act provides, subject to section 4D which relates to the cessation of the obligation to provide English tuition, that the Commonwealth is obliged to provide, or arrange the provision of, 5 10 hours of tuition in an approved English course to a person if the person is not excluded from being provided with English tuition by the regulations.

The purpose of the Regulations is to exempt the holders of Resolution of Status (Temporary) (Class UH) visas from English course fees.

Regulation 1 - Commencement

This regulation provides that these Regulations commence on 1 October 1997.

Regulation 2 - Amendment

This regulation provides that the Immigration (Education) Regulations are amended as set out in these Regulations.

Regulation 3 - Regulation 4 (Fees - prescribed English courses)

This regulation exempts the holder of a Resolution of Status (Temporary) (Class UH) visa, under the Migration Regulations, from paying the administrative fee for a prescribed English course upon enrolment in the course.

As holders of Resolution of Status (Temporary) (Class UH) visas, who do not have functional English, are required to pay a substantial sum of money as the second instalment of the visa application charge, it is not intended that they should also have to pay the administrative fees prescribed in regulation 4 of the Immigration (Education) Regulations.

The Regulations, which benefit prospective visa applicants, commence on 1 October 1997.