Immigration (Education) Charge Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 265 1

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Immigration (Education) Charge Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Immigration (Education) Charge Act 1992.

Dated 5 September 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

NICK BOLKUS

Minister for Immigration and Ethnic Affairs

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1.   Commencement

1.1   These Regulations commence on 1 November 1995.

2.   Amendment

2.1   The Immigration (Education) Charge Regulations are amended as set out in these Regulations.

3.   Regulation 3 (Interpretation)

3.1   Subregulation 3 (1):

Insert:

“‘Migration Act’ means the Migration Act 1958;

‘religious institution’ means a body of persons (whether incorporated or unincorporated) the income of which is exempt from income tax under paragraph 23 (e) of the Income Tax Assessment Act 1936;

‘religious position’ means a position:

• (a)

  the duties of which are primarily religious; or

• (b)

  the performance of duties of which require religious training;”.

4. Regulation 5 (Exempt visas)

4.1   Paragraph 5 (1) (c):

Omit “ subregulation (3)”, insert “subregulations (3) and (4)”.

4.2   Add at the end:

“(4)

For the purposes of paragraph (1) (c) the following visas are specified:

• (a)

  an Employer Nomination (Migrant) (Class AN) visa, as mentioned in the Migration Regulations, applied for, in relation to a religious position, by:

  • (i)

    a person (a ‘religious worker’):

    • (A)

      who is nominated by a religious institution; and

    • (B)

      who satisfies the primary criteria set out in Part 121 of Schedule 2 to the Migration Regulations; and

    • (C)

      to whose application subregulation (5) applies; or

  • (ii)

    a person who:

    • (A)

      is a member of the family unit of a religious worker; and

    • (B)

      satisfies the secondary criteria set out in Part 121 of Schedule 2 to the Migration Regulations; and

    • (C)

      made a combined application with that religious worker;

• (b)

  a Transitional (Permanent) visa, as mentioned in the Migration Reform (Transitional Provisions) Regulations, the application for which is constituted by an application made before 1 September 1994 for a Class 121 (employer nomination) visa, in relation to a religious position, by:

  • (i)

    a person (a ‘religious worker’):

    • (A)

      who is nominated by a religious institution; and

    • (B)

      who satisfies the criteria for the grant to the person, as a primary person, of a Class 121 visa under the Migration (1993) Regulations; and

    • (C)

      to whose application subregulation (5) applies; or

  • (ii)

    a person who:

    • (A)

      is a member of the family unit of a religious worker; and

    • (B)

      satisfies the criteria for the grant to the person, as a secondary person, of a Class 121 visa under the Migration (1993) Regulations; and

    • (C)

      made a combined application with that religious worker.

“(5)

This subregulation applies to an application if:

• (a)

  the application is lodged on or after 1 November 1995; or

• (b)

  the application was lodged before 1 November 1995 but:

  • (i)

    that application is not finally determined, within the meaning of subsection 5 (9) of the Migration Act, immediately before that date; and

  • (ii)

    English Education Charge in respect of the application has not been paid.”.

5. Schedule (Amounts of English Education Charge)

5.1   Item 104:

After “(Class AN)”, insert “(other than a visa referred to in paragraph 5 (4) (a))”.

5.2   Item 203:

After “(employer nomination)”, insert “(other than a visa referred to in paragraph 5 (4) (b))”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 September 1995.

2. Statutory Rules 1993 No. 30 as amended by 1993 No. 254; 1994 Nos. 12 and 263; 1995 Nos. 39 and 118.