Immigration (Education) Regulations (Amendment) 1995 No. 303
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 303
Issued by the Authority of the Minister for Immigration and Ethnic Affairs
Immigration (Education) Act 1971
Immigration (Education) Regulations (Amendment)
The Immigration (Education) Act 1971 (the Act) was amended by the Migration Legislation Amendment Act (No. 1) 1995 to enable the maximum fees which may be charged and recovered in relation to English language courses to be indexed at the commencement of each financial year. This amendment was one of a package of amendments to implement the Government's decision to provide for the increases in portfolio fees, charges and levies in line with the impact of price movements on Commonwealth government running costs outlays without the need to periodically amend primary legislation.
Section 13 of 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.
The purpose of the Regulations is to index the fees charged for English courses in accordance with the indexing formula contained in subsection 4A(3A) of the Act.
Details of the Regulations are as follows:
• Regulation 1 - Commencement - provides for these Regulations to commence on 1 November 1995;
• Regulation 2 - Amendment - provides for the Immigration (Education) Regulations to be amended as set out in these Regulations; and
• Regulation 3 - Regulation 4 (Fees - prescribed English courses) - Subregulation 3.1 amends paragraph 4(1)(a) of the Immigration (Education) Regulations by omitting the figure $250 and substituting the figure $270. Subregulation 3.2 amends paragraph 4(1)(b) of the Immigration (Education) Regulations by omitting the figure $50 and substituting the figure $55.
These Regulations commence on 1 November 1995.
Overview
The Immigration (Education) Regulations (Amendment) 1995 No. 303, issued under the authority of the Minister for Immigration and Ethnic Affairs, amends the Immigration (Education) Act 1971. This legislative amendment was introduced to address the need to adjust fees for English language courses provided to visa applicants in line with inflation, thereby ensuring that the financial burden on these applicants remains consistent with the economic climate and operational costs of the Commonwealth government. This measure allows for automatic adjustments to fees without the requirement for frequent amendments to the primary legislation. The overarching policy objective is to streamline the fee adjustment process, making it more efficient and responsive to economic changes.
The Regulations were enacted to index the fees charged for English courses according to the formula stipulated in subsection 4A(3A) of the Act. These Regulations commenced on 1 November 1995, with the primary change being the adjustment of the maximum fees for English language courses, reflecting the updated economic conditions. This adjustment was implemented through the substitution of new fee amounts in the relevant subregulations, ensuring the fees are reflective of the current economic environment and operational costs.
Scope and Application
The Immigration (Education) Regulations (Amendment) 1995, issued under the authority of the Minister for Immigration and Ethnic Affairs, pertain to the amendment of the Immigration (Education) Regulations 1993, themselves established under the Immigration (Education) Act 1971. This legislative amendment aims to adjust the fees that can be charged for English language courses, reflecting the government's policy to index fees in line with the impact of price movements on Commonwealth government running costs without the necessity for repeated amendments to primary legislation. The Regulations specifically modify the prescribed fees for English courses, thereby providing a more streamlined approach to fee adjustments in accordance with economic conditions. These Regulations apply to all persons or entities providing English language courses to individuals seeking to enter or remain in Australia under the immigration program, encompassing the entire Commonwealth of Australia. The Regulations extend the application of the Act by specifying the updated fees that can be charged, effective from 1 November 1995, and do not include any stated exclusions or exemptions beyond the scope of the Act itself.
Key Provisions
The main sections of the Immigration (Education) Regulations (Amendment) 1995 No. 303 are Regulation 1, which specifies the commencement date of these Regulations as 1 November 1995, and Regulation 3, which amends Regulation 4 concerning fees for prescribed English courses. Regulation 3.1 revises the fee for prescribed English courses from $250 to $270, and Regulation 3.2 modifies the fee for prescribed supplementary English courses from $50 to $55. These amendments are designed to align the fees with the indexing formula outlined in the Immigration (Education) Act 1971.
The obligations imposed by these Regulations on the relevant parties primarily involve updating the fees charged for English language courses to reflect the new indexed amounts. Service providers must ensure that the fees charged are consistent with the adjustments made by these Regulations. This includes updating any relevant documentation, informing clients of the new fee structure, and ensuring compliance with the amended fee schedule from the effective date.
Breaches of these Regulations could potentially result in legal consequences, though specific offences, penalties, or consequences are not detailed in the explanatory statement. However, non-compliance with regulatory requirements could lead to enforcement actions under the Immigration (Education) Act 1971, which might include fines or other administrative penalties. Given the context of the amendments, the primary focus is on ensuring that the new fee structures are correctly implemented rather than penalising non-compliance directly within these Regulations.