Immigration (Education) Amendment Regulations 2007 (No. 1)

Administered by Department of Home Affairs

Legislation au F2007L01827 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2007 No. 165

Issued by the Minister for Immigration and Citizenship

Immigration (Education) Act 1971

Immigration (Education) Amendment Regulations 2007 (No. 1)

Section 13 of the Immigration (Education) Act 1971 (the Act) provides that the
Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 4 of the Act provides that the Minister for Immigration and Citizenship may arrange for English courses to be provided for persons intending to migrate to Australia and to persons in Australia, including permanent residents, temporary visa holders listed in a Gazette notice, new Australian citizens, children of permanent residents, New Zealand citizens who hold a special category visa and, under certain circumstances, persons in the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island.

Subsection 4A(1) of the Act provides that the regulations may provide for the charging and recovery of fees, not exceeding the applicable fee limit per year per student, in respect of English courses (the applicable fee limit in respect of a course is worked out in accordance with the formula in subsection 4A(3A) of the Act).

The purpose of the Regulations is to amend the Immigration (Education) Regulations 1992 (the Principal Regulations) to increase the fees in line with the Consumer Price Index (CPI) for prescribed English courses available to migrants and other persons under section 4 of the Act. The amount of this increase is approximately 3.5%, which does not cause the applicable fee limit set out in subsection 4A(3A) of the Act to be exceeded.

Details of the Regulations are set out in the Attachment.

The Regulations commence on 1 July 2007.

The Office of Best Practice Regulation in the Productivity Commission has been consulted and advises that the Regulations are of a minor or machinery nature and do not substantially alter existing arrangements.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

ATTACHMENT

Details of the Immigration (Education) Amendment Regulations 2007 (No. 1)

Regulation 1 – Name of Regulations

This regulation provides that these Regulations are the Immigration (Education) Amendment Regulations 2007 (No. 1).

Regulation 2 - Commencement

These Regulations commence on 1 July 2007.

Regulation 3 – Amendment of Migration Regulations 1994

This regulation provides that Schedule 1 amends the Immigration (Education) Regulations 1992 (the Principal Regulations).

Regulation 4 – Transitional

This regulation provides that that the amendments made by Schedule 1 apply to a person who enrols in a prescribed English course on or after 1 July 2007.

Schedule 1 – Amendments

Item [1] – Paragraph 4(1)(a)

This item amends paragraph 4(1)(a) of the Principal Regulations to provide for the annual indexation of the prescribed fee for a formal course provided in accordance with section 4 of the Act. The fee is increased from $315 to $325. This indexation will result in an increase to the charge of approximately 3.5% which is in line with the CPI. The increase does not cause the applicable fee limit set out in subsection 4A(3A) of the Immigration (Education) Act 1971 (the Act) to be exceeded.

Item [2] – Paragraph 4(1)(b)

This item amends paragraph 4(1)(b) of the Principal Regulations to provide for the annual indexation of the prescribed fee for a course, other than a formal course, provided in accordance with section 4 the Act. The fee is increased from $70 to $75. This indexation will result in an increase to the charge of approximately 3.5%, which is in line with the CPI. The increase does not cause the applicable fee limit set out in subsection 4A(3A) of the Act to be exceeded.

Overview

The Immigration (Education) Amendment Regulations 2007 (No. 1) were introduced to amend the Immigration (Education) Regulations 1992 in order to adjust the fees for prescribed English courses offered to migrants and other eligible individuals under the Immigration (Education) Act 1971. Enacted by the Minister for Immigration and Citizenship, these regulations aim to align the fees with the Consumer Price Index (CPI), ensuring that the increase of approximately 3.5% does not surpass the applicable fee limits set by the Act. The policy objective is to maintain the affordability of these courses while keeping the fees updated with inflation. The regulations came into effect on 1 July 2007, and the Productivity Commission's Office of Best Practice Regulation has confirmed that they do not substantially alter existing arrangements.

Scope and Application

The Immigration (Education) Act 1971 applies to persons intending to migrate to Australia, including those who are permanent residents, temporary visa holders, new Australian citizens, children of permanent residents, and New Zealand citizens holding a special category visa. It also extends to certain persons in the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island under specific circumstances. The Act authorises the Minister for Immigration and Citizenship to arrange for English courses to be provided to these individuals. The Act operates under the Commonwealth jurisdiction of Australia. The Immigration (Education) Amendment Regulations 2007 (No. 1) further specify the application by amending the prescribed fees for English courses in line with the Consumer Price Index, ensuring these do not exceed the statutory fee limit. These regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003, and they do not substantially alter existing arrangements.

Key Provisions

The Immigration (Education) Amendment Regulations 2007 (No. 1) primarily address the annual indexation of fees for English courses offered under the Immigration (Education) Act 1971 (section 13). Specifically, Regulation 4 amends the Immigration (Education) Regulations 1992 (Principal Regulations) to adjust the prescribed fees for both formal and non-formal courses. The fee for a formal course is increased from $315 to $325, while the fee for a non-formal course is raised from $70 to $75. This adjustment is designed to align with the Consumer Price Index (CPI), ensuring that the fee increase of approximately 3.5% does not exceed the applicable fee limit set out in the Act. These Regulations impose obligations on entities providing English courses under the Act. They require that any new enrolments in prescribed English courses on or after 1 July 2007 adhere to the updated fee structure outlined in the Regulations. Additionally, the amendments apply retrospectively to individuals who enrol in these courses on or after the commencement date, ensuring consistency in fee application. In terms of consequences for non-compliance, the Regulations themselves do not explicitly state penalties for breaches. However, under the broader framework of the Immigration (Education) Act 1971, failure to comply with prescribed fees or other provisions could result in civil or criminal penalties. The Act empowers the Minister to enforce compliance, and breaches may lead to financial penalties or other sanctions as deemed appropriate under the Act. The exact penalties would depend on the specific nature and severity of the breach, as well as any relevant guidelines or precedents established by the courts.

Area of Law: Immigration & Refugee Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Fees & Charges; Amendments & Indexation

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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