Immigration (Education) Charge Regulations 1993

Immigration (Education) Charge Regulations 1993

Statutory Rules 1993 No. 30 as amended

made under the

Immigration (Education) Charge Act 1992

This compilation was prepared on 1 July 2000
taking into account amendments up to SR 2000 No. 63

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Immigration (Education) Charge Regulations 1993

Statutory Rules 1993 No. 30 as amended

made under the

Immigration (Education) Charge Act 1992

Contents

Page

 1 Name of Regulations [see note 1] 

 2 Commencement 

 3 Interpretation 

 5 Exempt visas 

 6 Prescribed amounts — section 6 of the Act 

Schedule  Amounts of English Education Charge 

Part 1 Visas and entry permits applied for before 1 October 1993 

Part 2 Visas and entry permits applied for during the period from 1 October 1993 to 31 August 1994 (inclusive)             

Part 3 Visas applied for during the period from 1 September 1994 to 31 October 1995 (inclusive)             

Part 4 Visas applied for from 1 November 1995 to 30 June 1996 (inclusive)             

Part 5 Visas applied for on or after 1 July 1996 

Notes 

1 Name of Regulations [see Note 1]

  These Regulations are the Immigration (Education) Charge Regulations 1993.

2 Commencement

  These Regulations commence on 1 March 1993.

3 Interpretation

 (1) In these Regulations, unless the contrary intention appears:

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.

the Act means the Immigration (Education) Charge Act 1992.

 (2) In these Regulations, unless the contrary intention appears, an expression defined for the purposes of the Migration Regulations has the same meaning as in those Regulations.

5 Exempt visas

 (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);

 (ia) Business Skills (Residence) (Class BH);

 (ib) Interdependent (Migrant) (Class BI);

 (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);

 (ixa) Subclass 832 (Close Ties);

 (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 subregulations (3) and (4).

 (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.

 (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.

6 Prescribed amounts — section 6 of the Act

  For the purposes of section 6 of the Act:

 (a) 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 1 of the Schedule; or

 (ii) for a visa of a class provided for by those Regulations that is specified in Part 1 of the Schedule;

  is the amount set out in that Part in relation to that class and the circumstances of application; and

 (b) the amount prescribed in respect of an application made during the period from 1 October 1993 to 31 August 1994 (inclusive):

 (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 application; and

 (c) the amount prescribed in respect of an application made during the period from 1 September 1994 to
31 October 1995 (inclusive) for a visa of a class provided for by the Migration Regulations is the amount set out in Part 3 of the Schedule in relation to that class and the circumstances of application; and

 (d) the amount prescribed in respect of an application made during the period from 1 November 1995 to 30 June 1996 (inclusive) for a visa of a class provided for by the Migration Regulations is the amount set out in Part 4 of the Schedule in relation to that class and the circumstances of application; and

 (e) the amount prescribed in respect of an application made on or after 1 July 1996 for a visa of a class provided for by the Migration regulations is the amount set out in Part 5 of the Schedule in relation to that class and the circumstances of application.

Schedule  Amounts of English Education Charge

(regulation 6)

Part 1 Visas and entry permits applied for before 1 October 1993

Part 2 Visas and entry permits applied for during the period from 1 October 1993 to 31 August 1994 (inclusive)

Part 3 Visas applied for during the period from 1 September 1994 to31 October 1995 (inclusive)

Part 4 Visas applied for from 1 November 1995 to 30 June 1996 (inclusive)

Part 5 Visas applied for on or after 1 July 1996

Notes to the Immigration (Education) Charge Regulations 1993

Note 1

The Immigration (Education) Charge Regulations 1993 (in force under the Immigration (Education) Charge Act 1992) as shown in this compilation comprise Statutory Rules 1993 No. 30 amended as indicated in the Tables below.

Table of Statutory Rules

(a) Statutory Rules 1996 No. 213 were disallowed by the Senate on 7 November 1996.

Table of Amendments