Immigration (Education) Charge Regulations (Amendment) 1996 No. 213
EXPLANATORY STATEMENT STATUTORY RULES 1996 No. 213
Immigration (Education) Charge Act 1992
Immigration (Education) Charge Regulations (Amendment)
Section 10 of the Immigration (Education) Charge Act 1992 (the Act) provides that the Governor-General may 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.
The purpose of the Regulations is to increase English Education Charge for all affected visa applicants to $4,080 where the application was made before 1 July 1995, and to $4,405 where the application was made on or after 1 July 1995. The regulations also remove certain exemptions from the English Education Charge for visa applicants making application in Australia.
Payment of the English Education Charge obliges the Commonwealth to provide, or arrange for provision of, up to 510 hours of tuition in an approved English course.
The amount of 510 hours tuition is set out at section 4C of the Immigration (Education) Act 1971 and is based on an estimate of the tuition needed for a non- English speaker to acquire functional English.
In general terms the group of people liable to pay the English Education Charge is determined by a number of factors. These include that:
the permanent visa applied for is not one which is exempt (examples of exempt visas include those based on refugee or humanitarian considerations and those based on close family relationships with residents of Australia);
each person is at least 18 years of age; and
there is no liability to pay the English Education Charge until the applicant is served with a notice under subsection 64(3) of the Migration Act 1958; and
be nominated by a religious institution; and
satisfy the primary criteria set out in Part 805 of Schedule 2 to the Migration Regulations or the criteria for grant to the person, as primary person, of a Class 805 permanent entry permit under the Migration (1993) Regulations.
Members of the religious worker's family unit are also exempted. Regulation 4 - Regulation 6 (Prescribed amounts - section 6 of the Act)
Regulation 4 omits regulation 6 and substitutes a new regulation which provides for English Education Charge of $4,080 to apply to applications:
(a) made before 1 October 1993 for visas listed in Part 1 of the Schedule;
(b) made during the period from 1 October 1993 to 31 August 1994 (inclusive) for visas and entry permits listed in Part 2 of the Schedule; and
(c) applications made on or after 1 September 1994 but before 1 July 1995 for visas listed in Part 3 of the Schedule.
The new regulation also provides that English Education Charge of $4,405 will apply to applications made on or after 1 July 1995 for visas listed in Part 3 of the Schedule.
The concessional rates previously applying to certain applicants (primarily those who apply as secondary persons) no longer apply.
Regulation 5 - Schedule (Amounts of English Education Charge)
This regulation omits the Schedule and substitutes a new Schedule - Classes of Applicants Liable to Pay Charge. The requirement to set out classes of applicant is in subsection 6(1) of the Act.
Part 1 of the Schedule fists visas and entry permits applied for before 1 October 1993. The classes of applicant listed are identical to that in Part 1 of the omitted Schedule.
Part 2 of the Schedule lists visas and entry permits applied for during the period from 1 October 1993 to 31 August 1994 (inclusive). The same classes of applicant are listed as in Part 2 of the omitted Schedule with the addition of applicants for Class 805 (skilled occupation) and Class 818 (highly qualified on-shore (permanent)) entry permits, which were previously exempt classes until the amendment made by subregulation 3.4 of these Regulations.
Part 3 of the Schedule lists visas applied for on or after 1 September 1994. The same classes of applicant are listed as in Parts 3, 4 and 5 of the omitted Schedule with the addition of Business Skills (Residence)(Class BH), Change in Circumstance (Residence) (Class AG), Family Residence (Class AO) and General Residence (Class AS). These are now included because Business Skills (Residence)(Class BH), Subclass 805 (Skilled), Subclass 832 (Close Ties) and Subclass 833 (Certain Unlawful Non-citizens) were previously exempt visas until the amendments made by subregulations 3.1 and 3.3 of these Regulations.
Overview
The Immigration (Education) Charge Regulations (Amendment) 1996 No. 213 was enacted to amend the existing Immigration (Education) Charge Regulations, originally established under the Immigration (Education) Charge Act 1992. The primary purpose of these amendments was to adjust the English Education Charge payable by certain visa applicants to reflect the cost of providing English language tuition. This change aimed to ensure that the charge aligns with the actual cost of delivering up to 510 hours of tuition in an approved English course, which is estimated to be necessary for a non-English speaker to acquire functional English proficiency. The amendments also removed certain exemptions from the English Education Charge for applicants making their applications in Australia, ensuring a more consistent application of the charge across all visa categories.
The regulations were introduced by the Governor-General under the authority granted by section 10 of the Immigration (Education) Charge Act 1992, which allows for the making of regulations necessary for carrying out or giving effect to the Act. The policy objective of these amendments was to maintain the integrity and effectiveness of the English Education Charge system, ensuring that the Commonwealth can continue to provide or arrange for the provision of necessary English language education to visa applicants. The amendments aimed to address any discrepancies in the charge by updating the rates and removing exemptions, thereby ensuring the system remains fair and financially sustainable.
Scope and Application
The Immigration (Education) Charge Regulations (Amendment) 1996 No. 213 amends the Immigration (Education) Charge Regulations to increase the charge payable by visa applicants for English education. The amendment applies to visa applications made before and after specific dates, setting the charge at $4,080 for applications made before 1 July 1995 and $4,405 for those made on or after this date. The regulations specifically target applicants for certain permanent visas, excluding those based on refugee or humanitarian considerations, close family relationships, or other exemptions, and only apply to applicants aged 18 or over who are served with a notice under the Migration Act 1958. The payment of the English Education Charge obligates the Commonwealth to provide up to 510 hours of English tuition in an approved course, as outlined in the Immigration (Education) Act 1971. The regulations further remove exemptions for visa applicants making their application in Australia, thus broadening the scope of those liable to pay the charge. The regulations do not explicitly state exclusions but implicitly exclude those who are exempt under the Migration Regulations or the Migration (1993) Regulations.
Key Provisions
The Immigration (Education) Charge Regulations (Amendment) 1996 No. 213 introduce significant changes to the English Education Charge payable by certain visa applicants under the Immigration (Education) Charge Act 1992 (the Act). Regulation 4 (section 6 of the Act) amends the prescribed amounts of the English Education Charge, replacing the previous rates with new rates. Specifically, it sets an English Education Charge of $4,080 for applications made before 1 October 1993, $4,405 for applications made between 1 October 1993 and 31 August 1994, and $4,405 for applications made on or after 1 September 1994 but before 1 July 1995. Regulation 5 (subsection 6(1) of the Act) updates the Schedule, now called Classes of Applicants Liable to Pay Charge, to reflect the new charge rates and to include additional classes of applicants subject to the charge.
These regulations impose specific obligations on visa applicants who fall within the categories defined in the amended Schedule. Applicants must now pay the English Education Charge of $4,080 or $4,405, depending on the date of their application, to obtain up to 510 hours of tuition in an approved English course. This obligation is contingent upon the applicant being at least 18 years of age, having applied for a permanent visa not exempt from the charge, and having been served with a notice under subsection 64(3) of the Migration Act 1958. Certain exemptions apply, including for applicants nominated by religious institutions and members of a religious worker's family unit.
Failure to comply with the requirements to pay the English Education Charge as prescribed by these regulations can result in various legal consequences. The Act does not explicitly detail the penalties for non-compliance, but it is implied that breaches could lead to administrative or legal actions. Given the mandatory nature of the charge for the specified classes of applicants, non-payment or failure to meet the obligations could potentially result in the visa application being declined or other enforcement actions taken by the Commonwealth. It is important for applicants to ensure they meet all the criteria and obligations outlined in the regulations to avoid any adverse consequences.