Immigration (Education) Regulations (Amendment)

Overview

The Immigration (Education) Regulations (Amendment) 1997 No. 405, issued under the authority of the Minister for Immigration and Multicultural Affairs, amends the Immigration (Education) Regulations 1971 to adjust the administrative fees charged for English courses for certain individuals lacking functional English. This adjustment follows the indexing formula stipulated in the Immigration (Education) Act 1971, which mandates increases in $5 increments. The policy objective of these amendments is to ensure the fees are updated in a systematic and predictable manner, facilitating administrative convenience while maintaining the integrity of the fee structure. These amendments, effective from 1 January 1998, reflect the last update to these fees on 1 November 1995, addressing the need for periodic reviews to keep pace with economic changes.

Scope and Application

The Immigration (Education) Regulations (Amendment) 1997 No. 405 applies to the administration and enforcement of the Immigration (Education) Act 1971. The Regulations amend the existing fees for English courses prescribed under the Act for specific persons who do not have functional English. These Regulations are applicable to any individual or entity involved in the provision of English courses to non-native English speaking visa holders, which includes educational institutions, language schools, and private tutors. The Regulations do not specify a geographic or jurisdictional reach beyond the scope of the Act itself, which generally applies to the Commonwealth of Australia. The fee increases outlined in the Regulations are calculated in accordance with the indexing formula provided in the Act and must be in $5 increments, as stipulated by section 13 of the Act. The Regulations also note that the fees will be adjusted as of 1 January 1998, which is halfway through the financial year, for administrative convenience. There are no stated exclusions or exemptions within these Regulations; however, the scope of application is inherently limited to the persons and entities specified under the Act. The Regulations extend the application of the Act through subordinate legislation, ensuring that the prescribed fees are updated in line with the legislative framework provided by the Act.

Key Provisions

The Immigration (Education) Regulations (Amendment) 1997 No. 405, as per Section 13 of the Immigration (Education) Act 1971, allows the Governor-General to make regulations necessary for carrying out the Act. The primary operative sections of these Regulations pertain to the adjustment of administrative fees for English courses, specifically for individuals lacking functional English proficiency. Regulation 1 establishes the commencement date of these Regulations as 1 January 1998. Regulation 2 formally amends the existing Immigration (Education) Regulations in line with the changes outlined in these Regulations. Regulation 3, which modifies Regulation 4, involves altering the prescribed fees: subregulation 3.1 updates the fee for English courses from $270 to $275, and subregulation 3.2 adjusts the fee for certain English courses from $55 to $60. The obligations imposed by these Regulations on the relevant parties primarily involve compliance with the newly established fee structure. Educational institutions offering English courses must adhere to the updated fee schedule, ensuring that all charges are consistent with the amendments. Similarly, students enrolling in these courses must be informed of and accept the new fees. The Regulations also necessitate that all administrative and financial records accurately reflect these fee adjustments to maintain transparency and compliance with the Act. Breach of these Regulations can lead to several consequences. While specific offences and penalties are not detailed in the provided text, it can be inferred that non-compliance with prescribed fees could result in legal actions under the Immigration (Education) Act 1971. Typically, such breaches might attract administrative penalties, fines, or other enforcement actions as deemed necessary by the relevant authorities. The severity of these consequences would depend on the nature and extent of the non-compliance, but they are designed to ensure that the Act is properly implemented and enforced.