Immigration (Education) Charge Amendment Act 1995

Overview

The Immigration (Education) Charge Amendment Act 1995 was enacted to amend the Immigration (Education) Charge Act 1992, addressing the need to adjust the English education charge for visa applicants in accordance with economic changes. The Act was introduced by the Parliament of Australia and received Royal Assent on 29 September 1995. Its purpose was to ensure that the charge remains aligned with inflation, as measured by the Commonwealth Government Final Consumption Expenditure Implicit Price Deflators, thereby maintaining the relevance and fairness of the charge in a changing economic environment. This amendment reflects a policy objective to periodically review and adjust the charge to reflect economic conditions, ensuring that it remains a fair and effective means of managing immigration-related costs.

Scope and Application

The Immigration (Education) Charge Amendment Act 1995 amends the Immigration (Education) Charge Act 1992, primarily adjusting the amount of the English Education Charge for students applying for certain types of visas. This Act applies to individuals who are non-citizens and wish to undertake English language courses in Australia, as well as to entities providing such courses. The legislation impacts the education sector by setting a new formula for calculating the charge based on the Commonwealth Government Final Consumption Expenditure Implicit Price Deflators. The Act’s jurisdiction is federal, aligning with the Commonwealth's legislative powers over immigration matters. The specified amendments apply to applications made on or after the commencement of the Act, which is to be determined by a proclamation or, if not proclaimed within six months of receiving Royal Assent, will automatically commence on the first day after the end of that period. The Act does not explicitly state any exclusions, exemptions, or thresholds beyond the specified financial year commencement date for its application. The formulaic approach to determining the applicable charge limit suggests that the Act’s scope can be further refined through subordinate instruments, such as regulations, to address specific operational details or exceptions.

Key Provisions

The Immigration (Education) Charge Amendment Act 1995 amends the Immigration (Education) Charge Act 1992 by introducing a new formula for calculating the English Education Charge. Section 3(1) of the Amendment Act modifies the Principal Act by replacing the fixed charge of $4,080 with the "applicable charge limit." This limit is determined by a formula that uses Commonwealth Government Final Consumption Expenditure Implicit Price Deflators issued by the Department of Finance, comparing a base number from 1993 with a new number from the previous financial year (subsection (2)). The amount calculated must then be rounded to the nearest multiple of $5 if it is not already (subsection (3)). These changes apply to applications made after the commencement of section 3. Under this Act, entities such as educational institutions that are subject to the Principal Act must comply with the new charge calculation method. They are required to use the specified formula and round the resulting charge amount appropriately. Additionally, they must ensure that the correct Commonwealth Government Final Consumption Expenditure Implicit Price Deflators are used for the base and new numbers, and that these are appropriately sourced from the Department of Finance. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of the charge calculation requirements. However, given that the Principal Act and related immigration laws are enforced by the Department of Immigration and Border Protection, non-compliance could potentially lead to enforcement actions under the broader immigration framework. This might include fines or other administrative penalties imposed by the Department.