Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2022 (WA)

2 December 2022 GOVERNMENT GAZETTE, WA 5605

TRAINING

TA301

Vocational Education and Training Act 1996

Vocational Education and Training (Colleges)

Amendment Regulations (No. 2) 2022

SL 2022/203

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Vocational Education and Training

(Colleges) Amendment Regulations (No. 2) 2022.

2.   Commencement

These regulations come into operation as follows —

enrolled at a school to whom regulation 13(4) applies;

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Vocational Education and Training

(Colleges) Regulations 1996.

4. Regulation 12 amended

(1) In regulation 12(1) insert in alphabetical order:

final year secondary school student means a person

5606 GOVERNMENT GAZETTE, WA 2 December 2022

(2)	In regulation 12(6) delete "person," and insert:
person or a final year secondary school student,
(3)	In regulation 12(7) delete person," and insert:
person or a final year secondary school student,

5.            Regulation 13 amended

In regulation 13(3) delete "school, as defined in the School
Education Act 1999 section 4." and insert:

school.

6.            Regulation iSA amended

(1) Before regulation 15A(l) insert:

(1A) A student commencing a course is an Australian

resident for the purposes of subregulation (1) if the

student satisfies one of the following conditions

(a)	the student is an Australian citizen (as defined in the Australian Citizenship Act 2007 (Commonwealth) section 4(1));
(b)	the student holds a permanent visa or a visa of Subclass 309, 444, 785, 790, 820 or 826;
(c)	the student holds a visa of subclass 457 granted on the basis that the student satisfied the secondary criteria for that subclass;

(d) the student

(i)     holds a visa of subclass 050 or 051; and

(ii) Department of State of the
Commonwealth assisting in the
administration of the Migration
Act 1958 (Commonwealth)

has received a letter from the made a valid application for a visa of subclass 785 or 790;

(e) the student commences the course in 2023 or
2024 and

(i)     the student is a citizen of Afghanistan and holds a visa of subclass 449; or

(ii)     the student is a citizen of Ukraine and holds a visa of subclass 449 or 786; or

2 December 2022 GOVERNMENT GAZETTE, WA 5607

(iii) the student

(I)	holds a bridging visa that is not
subject to condition 8101 set out in the Migration Regulations 1994 (Commonwealth) Schedule 8; and
(II)	has received a letter from the
Department of State of the Commonwealth assisting in the administration of the Migration
Act 1958 (Commonwealth)
acknowledging that the student has made a valid application for a visa of subclass 866;

(f) the student commences the course in 2023 and holds a visa of subclass 482 granted on the basis that the student satisfied the secondary criteria for that subclass.

(113) In subregulation (1A) a reference to a visa, or to a visa
of a particular kind or subclass, is a reference to a visa,
or to a visa of that kind or subclass, granted under the

Migration Act 1958 (Commonwealth).

(2) Delete regulation 15A(4) and (5).

V. MOLAN, Clerk of the Executive Council.