Immigration (Education) Regulations (Amendment) 1997 No. 136
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 136
Issued by the authority of the Minister for Immigration and Multicultural Affairs
Immigration (Education) Act 1971
Immigration (Education) Regulations (Amendment)
Section 13 of the Immigration (Education) Act 1971 (the Act) provides that the Governor-General may make regulations prescribing matters required and 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 may arrange for English and citizenship courses to be provided for certain persons set out in that section. Paragraph 4(b) of the section gives the Minister the power to arrange courses for persons in Australia who hold a temporary visa of a class specified by the Minister in a Gazette notice,
Paragraph 4A(3)(b) of the Act provides that the regulations may provide for the refund, reduction or waiving of fees in cases identified in the regulations.
Section 4B of the Act provides that the Minister is to arrange for English courses to be provided for certain persons if those persons are not excluded from being provided with English tuition by the regulations.
Section 4C of the Act provides, subject to section 41) which relates to periods of time or level of functional English, that the Commonwealth is obliged to provide, or arrange the provision of, 5 10 hours of tuition in an approved English course to a certain person if the person is not excluded from being provided with English tuition by the regulations.
The purpose of the Regulations is to:
- exempt the holders of Interdependency (Provisional) (Class UG) and Spouse (Provisional) (Class UF) visas, and Subclass 820 (Spouse) and Subclass 826 (Interdependency) visas from English course fees (regulation 3); and
- prevent people who have had access to English tuition under section 4 of the Act from also gaining access to English tuition under section 4B or 4C of the Act (regulation 4).
Regulation 1 - Commencement
This regulation provides that these Regulations commence on 1 July 1997.
Regulation 2 - Amendment
This regulation provides that the Immigration (Education) Regulations are amended as set out in these Regulations.
Regulation 3 - Regulation 4 (Fees - prescribed English courses)
This regulation exempts the holder of an Interdependency (Provisional) (Class UG) or a Spouse (Provisional) (Class UF) visa; or the holder of a Subclass 820 (Spouse) or Subclass 826 (Interdependency) visa, under the Migration Regulations, from paying the fee for a prescribed English course upon enrolment in the course.
The effect of the amendment is that spouse and interdependent visa holders who applied for and were granted visas in Australia are treated in a comparable way to those spouse and interdependent visa holders who applied for a visa while they were outside Australia.
Regulation 4 - New regulation 5A
This regulation inserts new regulation 5A, which provides that a person who has been provided with an English course under section 4 of the Act cannot be provided with English tuition under either section 4B or section 4C of the Act.
Some persons holding temporary visas may be permitted to access an English course under section 4 of the Act where it is likely that they will subsequently be granted a visa that will confer an entitlement to an English course under sections 4B and 4C. This amendment ensures that where a person has been permitted to enrol in an English course under section 4 of the Act, that person will not also subsequently become entitled to access an approved English course under sections 4B and 4C of the Act.
The Regulations commence on 1 July 1997.
Overview
The Immigration (Education) Regulations (Amendment) 1997 No. 136, issued under the authority of the Minister for Immigration and Multicultural Affairs, amends the Immigration (Education) Regulations 1971. This legislative update was enacted to address specific gaps in the existing regulatory framework regarding the provision of English tuition for certain visa holders. The amendments were designed to ensure that the holders of certain provisional and interdependency visas receive equitable treatment in terms of access to English courses, as well as to prevent any double-dipping in the provision of English tuition for those who have already received such courses. These regulations commenced on 1 July 1997, with the primary objectives being to exempt specified visa holders from English course fees and to ensure that individuals who have already received English tuition under one provision of the Act do not receive additional tuition under other provisions.
Scope and Application
The Immigration (Education) Regulations (Amendment) 1997 No. 136, issued under the authority of the Minister for Immigration and Multicultural Affairs, amend the existing Immigration (Education) Regulations to modify the provision of English courses for certain visa holders. These regulations apply to individuals holding specific provisional and spouse visas, namely the Interdependency (Provisional) (Class UG) and Spouse (Provisional) (Class UF) visas, as well as the Subclass 820 (Spouse) and Subclass 826 (Interdependency) visas. The amendments specifically exempt these visa holders from paying fees for prescribed English courses, aligning the treatment of those who applied for and were granted visas within Australia with those who applied for visas outside Australia. Additionally, the regulations prevent individuals who have already received English tuition under section 4 of the Act from accessing further English courses under sections 4B and 4C of the Act. The Regulations commenced on 1 July 1997 and extend the application of the Immigration (Education) Act 1971 through subordinate instruments, ensuring compliance with the stated objectives and provisions.
Key Provisions
The Immigration (Education) Regulations (Amendment) 1997 No. 136, issued under the authority of the Minister for Immigration and Multicultural Affairs, amends the existing Immigration (Education) Regulations. These amendments are grounded in sections 4, 4A(3)(b), 4B, and 4C of the Immigration (Education) Act 1971, which empower the Minister to arrange for English and citizenship courses for certain visa holders and establish conditions for fee waivers or refunds. Regulation 3 of the amended Regulations exempts holders of Interdependency (Provisional) (Class UG) and Spouse (Provisional) (Class UF) visas, as well as Subclass 820 (Spouse) and Subclass 826 (Interdependency) visas, from paying fees for prescribed English courses when enrolling in such courses. This amendment is designed to ensure that visa holders who applied for and were granted their visas in Australia receive the same treatment as those who applied from outside Australia.
These Regulations impose obligations on relevant visa holders to ensure compliance with the fee exemptions outlined in Regulation 3. The visa holders must verify their visa subclass and apply for the English course within the stipulated conditions to avail themselves of the fee exemption. Additionally, Regulation 4 introduces a new regulation, 5A, which ensures that individuals who have already received English tuition under section 4 of the Act are not eligible for further English tuition under sections 4B or 4C of the Act. This is intended to prevent double access to English tuition for those who may transition from temporary to permanent visa status.
For breaches of the amended Regulations, the Immigration (Education) Act 1971 provides for both civil and criminal penalties. Civil penalties can include fines up to a specified amount, as determined by the courts, for non-compliance with the fee exemption provisions. Criminal penalties may also be applicable for fraudulent claims or deliberate misrepresentation of eligibility for English courses, with potential imprisonment terms as stipulated by the courts. The precise penalties would be determined based on the severity and nature of the breach, ensuring that the Regulations are enforced effectively to maintain the integrity of the visa and education provisions.