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

Statutory Rules 1994

No. 263 1

__________________

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 21 July 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

NICK BOLKUS

Minister for Immigration and Ethnic Affairs

____________

1.   Commencement

1.1   These Regulations commence on 1 September 1994.

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 (2):

Omit “(1993)”.

4.   Regulation 4 (Prescribed entry permits—definition of “exempt entry permit”)

4.1   Omit the regulation.

5.   Regulation 5 (Prescribed visas— definition of “exempt visa”)

5.1   Omit the regulation, substitute:

Exempt visas

 “5.(1) For the purposes of the definition of ‘exempt visa’ in subsection 3 (2) of the Act, the following visas are prescribed:

• (a)

  visas, as mentioned in the Migration Regulations, of the following classes and subclasses:

  • (i)

    Adoption (Migrant) (Class AA);

  • (ii)

    Parent (Migrant) (Class AX);

  • (iii)

    Preferential Relative (Migrant) (Class AY);

  • (iv)

    Return (Residence) (Class BB);

  • (v)

    Territorial Asylum (Residence) (Class BE);

  • (vi)

    Subclass 805 (Skilled);

  • (vii)

    Subclass 806 (Family);

  • (viii)

    Subclass 808 (Confirmatory (Residence));

  • (ix)

    Subclass 814 (Interdependency);

  • (x)

    Subclass 866 (Protection);

• (b)

  Transitional (Permanent) visas the applications for which are constituted by applications made before 1 September 1994 for entry permits specified in subregulation (2);

• (c)

  visas specified in subregulation (3).

 “(2)For the purposes of paragraph (1) (b), the following entry permits, as mentioned in the Migration (1993) Regulations, are specified:

• (a)

  a Group 1.2 (permanent resident (after entry)) entry permit of any of the following classes:

  • (i)

    Class 800 (territorial asylum);

  • (ii)

    Class 805 (skilled occupation);

  • (iii)

    Class 806 (family and other close ties (after entry));

  • (iv)

    Class 808 (confirmatory);

  • (v)

    Class 810 (refugee (permanent));

  • (vi)

    Class 812 (December 1989 (permanent));

  • (vii)

    Class 814 (interdependency (permanent));

  • (viii)

    Class 815 (PRC (permanent));

  • (ix)

    Class 816 (special (permanent));

  • (x)

    Class 817 (protection (permanent));

  • (xi)

    Class 818 (highly qualified on-shore (permanent));

• (b)

  a permanent entry permit for which application was made at an Entry Control Point by presentation of a travel-only visa in accordance with paragraph 2.28 (1) (b) of those Regulations.

 “(3) For the purposes of paragraph (1) (c), the following visas, as mentioned in the Migration (1993) Regulations, are specified:

• (a)

  a Group 1.1 (migrant) visa of any of the following classes:

  • (i)

    Class 102 (adoption);

  • (ii)

    Class 103 (parent);

  • (iii)

    Class 104 (preferential family);

• (b)

  a Class 431 (restricted passport) visa, if the application for the Group 1.1 visa constituting the Class 431 visa application is for a visa of a class specified in paragraph (a);

• (c)

  a Group 1.4 (resident return (permanent entry)) visa.”.

6.   Regulation 6 (Prescribed amounts—section 6 of the Act)

6.1   Omit the regulation, substitute:

 “6. For the purposes of section 6 of the Act:

• (a)

  the amount prescribed in respect of an application made on or after 1 September 1994 for a visa of a class provided for by the Migration Regulations is the amount set out in Part 1 of the Schedule in relation to that class and the circumstances of application; and

• (b)

  subject to subparagraph (c), the amount prescribed in respect of an application made before 1 September 1994:

  • (i)

    for a Transitional (Permanent) visa the application for which is constituted, by operation of regulation 22 or 23 of the Migration Reform (Transitional Provisions) Regulations, by an application for an entry permit of a class provided for by the Migration (1993) Regulations; or

  • (ii)

    for a visa of a class provided for by those Regulations;

 is the amount set out in Part 2 of the Schedule in relation to that class and the circumstances of the application made under those Regulations; and

• (c)

  the amount prescribed in respect of an application made before 1 October 1993:

  • (i)

    for a Transitional (Permanent) visa the application for which is constituted, by operation of regulation 22 or 23 of the Migration Reform (Transitional Provisions) Regulations, by an application for an entry permit of a class provided for by the Migration (1993) Regulations that is specified in Part 3 of the Schedule; or

  • (ii)

    for a visa of a class provided for by those Regulations that is specified in Part 3 of the Schedule;

 is the amount set out in that Part in relation to that class and the circumstances of the application made under those Regulations.”.

7.   Schedule (Amounts of English education charge)

7.1   Omit the Schedule, substitute:

SCHEDULE Regulation 6

AMOUNTS OF ENGLISH EDUCATION CHARGE

PART 1

VISAS APPLIED FOR ON OR AFTER 1 SEPTEMBER 1994

Column 1 Item no.	Column 2 Class of visa applied for and circumstances of application	Column 3 Amount $
101	Business Skills (Migrant) (Class AD): (a) applicant satisfying primary criteria (b) applicant satisfying secondary criteria	4,080 2,040
102	Concessional Family (Migrant) (Class AJ) (applicant satisfying primary or secondary criteria)	2,040
103	Distinguished Talent (Migrant) (Class AL) (applicant satisfying primary or secondary criteria)	2,040
104	Employer Nomination (Migrant) (Class AN): (a) applicant satisfying primary criteria (b) applicant satisfying secondary criteria	4,080 2,040
105	Family of N Z Citizen (Migrant) (Class AP) (applicant satisfying primary or secondary criteria)	2,040

SCHEDULE—continued

Column 1 Item no.	Column 2 Class of visa or entry permit applied for and circumstances of application	Column 3 Amount $
106	Former Citizen (Migrant) (Class AQ) (applicant satisfying primary or secondary criteria)	2,040
107	Former Resident (Migrant) (Class AR) (applicant satisfying primary or secondary criteria)	2,040
108	Independent (Migrant) (Class AT) (applicant satisfying primary or secondary criteria)	2,040
109	Labour Agreement (Migrant) (Class AV): (a) applicant satisfying primary criteria (b) applicant satisfying secondary criteria	4,080 2,040

PART 2

CERTAIN VISAS AND ENTRY PERMITS APPLIED FOR BEFORE 1 SEPTEMBER 1994

Column 1 Item no.	Column 2 Class of visa or entry permit applied for and circumstances of application	Column 3 Amount $
201	Class 105 (concessional family) (applicant applying either as a primary person or as a secondary person)	2,040

SCHEDULE—continued

Column 1 Item no.	Column 2 Class of visa or entry permit applied for and circumstances of application	Column 3 Amount $
202	Class 120 (labour agreement): (a) applicant applying as a primary person (b) applicant applying as a secondary person	4,080 2,040
203	Class 121 (employer nomination): (a) applicant applying as a primary person (b) applicant applying as a secondary person	4,080 2,040
204	Class 124 (distinguished talent (Australian support)) (applicant applying either as a primary person or as a secondary person)	2,040
205	Class 125 (distinguished talent and special service (independent)) (applicant applying either as a primary person or as a secondary person)	2,040
206	Class 126 (independent entrant) (applicant applying either as a primary person or as a secondary person)	2,040
207	Class 127 (business skills): (a) applicant applying as a primary person (b) applicant applying as a secondary person	4,080 2,040

SCHEDULE—continued

Column 1 Item no.	Column 2 Class of visa or entry permit applied for and circumstances of application	Column 3 Amount $
208	Class 128 (business skills (senior executive)): (a) applicant applying as a primary person (b) applicant applying as a secondary person	4,080 2,040
209	Class 129 (State/Territory sponsored business skills): (a) applicant applying as a primary person (b) applicant applying as a secondary person	4,080 2,040
210	Class 130 (State/Territory sponsored business skills (senior executive)): (a) applicant applying as a primary person (b) applicant applying as a secondary person	4,080 2,040
211	Class 150 (former citizen) (applicant applying either as a primary person or as a secondary person)	2,040
212	Class 151 (former resident) (applicant applying either as a primary person or as a secondary person)	2,040
213	Class 152 (family reunion (NZ citizen))  (applicant applying either as a primary person or as a secondary person)	2,040

SCHEDULE—continued

PART 3

CERTAIN VISAS AND ENTRY PERMITS APPLIED FOR BEFORE 1 OCTOBER 1993

Column 1 Item no.	Column 2 Class of visa or entry permit applied for and circumstances of application	Column 3 Amount $
301	Class 105 (concessional family)  (applicant applying either as a primary person or as a secondary person)	1,020
302	Class 126 (independent entrant): (a) applicant applying as a primary person (b) applicant applying as a secondary person	2,040 1,020

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 July 1994.

2. Statutory Rules 1992 No. 432 as amended by 1993 No. 31; 1994 No. 12.