Immigration (Education) Charge Regulations (Amendment) 1993 No. 254
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 254
Issued by the Authority of the Minister for Immigration, and Ethnic Affairs
Immigration (Education) Charge Act 1992
Immigration (Education) Charge Regulations (Amendment)
Section 10 of the Immigration (Education) Charge Act 1992 (the Act) provides for the GovernorGeneral to make regulations prescribing 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.
In addition, section 6 of the Act enables the regulations to prescribe in relation to classes of applicants the amount of the English Education Charge, not exceeding $4,080, imposed by section 5 of the Act in relation to an application by a non-citizen for certain visas and entry permits.
The purpose of the Regulations is to increase from 25 per cent of costs to 50 per cent of costs the amount of the English Education Charge imposed on applicants for a Class 105 (concessional family) visa, and applicants for a Class 126 (independent entrant) visa as secondary persons. These increases are to take effect in relation to applications lodged on or after 1 October 1993 but will not be payable if the visa is granted before 1 January 1994.
Details of the Regulations are as follows:
• Regulation 1 provides for these Regulations to commence on 1 October 1993;
• Regulation 2 provides for the Immigration (Education) Charge Regulations to be amended as set out in these Regulations;
• Regulation 3 provides for the following amendments to be made to the Schedule (Amounts of English Education Charge) to the Immigration (Education) Charge Regulations:
- subregulation 3.1 omits "1,020" in column 3 in respect of item 1, paragraphs (a) and (b), and substitutes "2,040". The effect of this amendment is to increase from $1,020 to $2,040 the amount payable by those applicants for a Class 105 (concessional family) visa, as a primary or a secondary person, on whom the English Education Charge is imposed by section 5 of the Act;
- subregulation 3.2 omits "1,020" in column 3 in respect of item 6, paragraph (b), and substitutes "2,040". The effect of this amendment is to increase from $1,020 to $2,040 the amount payable by those applicants for a Class 126 (independent entrant) visa as secondary persons on whom the English Education Charge is imposed by section 5 of the Act; and
• Regulation 4 provides, as a transitional provision, that the increases in the English Education Charge effected by the amendments made by regulation 3 to the Schedule of the Immigration (Education) Charge Regulations do not apply in relation to a visa application lodged on or after 1 October 1993 if the visa is granted before 1 January 1994.
The Regulations commence on 1 October 1993.
Overview
The Immigration (Education) Charge Regulations (Amendment) 1993 No. 254 were enacted to amend the Immigration (Education) Charge Regulations 1992, in line with the provisions of the Immigration (Education) Charge Act 1992. The Act was introduced to address the need to adjust the English Education Charge imposed on certain non-citizen applicants for specific visas. The policy objective, as outlined in the explanatory statement, is to increase the English Education Charge for applicants for Class 105 (concessional family) and Class 126 (independent entrant) visas from 25 per cent to 50 per cent of the associated costs. These amendments were made by the authority of the Minister for Immigration and Ethnic Affairs and were intended to take effect for applications lodged on or after 1 October 1993, with a transitional provision ensuring that the increased charges would not apply if the visa was granted before 1 January 1994.
Scope and Application
The Immigration (Education) Charge Regulations (Amendment) 1993, issued under the authority of the Minister for Immigration and Ethnic Affairs, amend the Immigration (Education) Charge Regulations 1992. These amendments are made pursuant to section 10 of the Immigration (Education) Charge Act 1992, which empowers the Governor-General to make regulations necessary for carrying out the provisions of the Act. The regulations apply to non-citizens applying for specific visas, including Class 105 (concessional family) visas and Class 126 (independent entrant) visas as secondary persons, imposing an English Education Charge on these applicants. The Act, which operates at the Commonwealth level, mandates that the charge should not exceed $4,080. The amendments increase the charge from 25% to 50% of the costs associated with these visa applications, effective from applications lodged on or after 1 October 1993, unless the visa is granted before 1 January 1994. The Regulations themselves take effect on 1 October 1993.
Key Provisions
The main operative sections of the Immigration (Education) Charge Regulations (Amendment) 1993 (No. 254) (the Regulations) involve amendments to the Schedule of the Immigration (Education) Charge Regulations, particularly the amounts of the English Education Charge. Regulation 1 sets the commencement date of the Regulations as 1 October 1993. Regulation 2 outlines the amendments to the existing regulations, while Regulation 3 specifies the changes to the Schedule, effectively doubling the charge for applicants for a Class 105 (concessional family) visa and a Class 126 (independent entrant) visa as secondary persons from $1,020 to $2,040. Regulation 4 provides a transitional measure, ensuring that the increased charges do not apply to visa applications lodged after 1 October 1993 but granted before 1 January 1994.
These Regulations impose specific obligations on applicants for certain visas and entry permits under the Immigration (Education) Charge Act 1992. For applicants for a Class 105 (concessional family) visa and a Class 126 (independent entrant) visa as secondary persons, the Regulations require the payment of an increased English Education Charge of $2,040. This charge applies to applications lodged on or after 1 October 1993, but excludes those applications that are granted before 1 January 1994. This obligation underscores the need for applicants to be aware of the timing of their application submission in relation to the effective date of the Regulations.
The Regulations include potential consequences for non-compliance with the increased charge requirements. Although the explanatory statement does not explicitly detail offences or penalties, it is implicit that failure to pay the prescribed English Education Charge as stipulated by these Regulations could result in the refusal of the visa application or other administrative consequences as per the Immigration (Education) Charge Act 1992. The exact penalties for non-compliance would be governed by the overarching Act, which could include fines or other civil or administrative sanctions.