Immigration (Education) Regulations (Amendment) 1993 No. 31
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 31
Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs
Immigration (Education) Act 1971
Immigration (Education) Regulations (Amendment)
Section 4A of the Immigration (Education) Act 1971 (the Act) provides that the regulations may provide for the charging and recovery of fees in respect of English language courses provided under the Act. Regulation 13 of the Act also provides for the Governor-General to make regulations prescribing matters required or permitted to be prescribed.
In addition, the Migration (Laws) Amendment Act (No.2) 1992 inserts a new section 4D into the Act. Section 4D commences on 1 March 1993. Paragraph 4D(3)(b) will provide that the regulations may provide for other matters to be prescribed for the Secretary to have regard to in determining whether it is unreasonable for an obligation to provide English language tuition to cease.
Subsection 4(1) of the Acts Interpretation Act 1901 (the Act) provides that where an amending Act amends a principal Act in such a way that the principal Act will confer power to make regulations then the power may be exercised before the amendments come into operation as if they had come into operation. The purpose of the Regulations is:
• in regulation 2, to provide that the Regulations are to commence on 1 March 1993. This is the day on which the amendment inserting section 4D into the Act commences and therefore is in accordance with the requirements of subsection 4(2) of the Acts Interpretation Act 1901; and
• in regulation 3, to omit subregulation 5(1) of the Immigration (Education) Regulations which prescribes the meaning of "health care card" and substitute another subregulation 5(1) which also includes the Health Benefits Card, the Pensioner Health Benefits Card, the Dependant Treatment Entitlement Card and the Pensioner Health Benefits Card; and
• in regulation 4, to add a new regulation 6 to the Immigration (Education) Regulations to prescribe matters for the purposes of paragraph 4D(3)(b) of the Act. The regulations commence on 1 March 1993.
Overview
The Immigration (Education) Regulations (Amendment) 1993, issued under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, serves to amend the Immigration (Education) Regulations 1971. This legislative amendment was enacted to address gaps in the regulatory framework surrounding fees for English language courses provided to immigrants under the Immigration (Education) Act 1971 and to provide additional considerations for the cessation of English language tuition obligations. The primary policy objective of these regulations is to align the regulatory provisions with the amendments introduced by the Migration (Laws) Amendment Act (No.2) 1992, specifically by allowing for the charging and recovery of fees for English language courses and by providing for other matters that the Secretary must consider when determining the reasonableness of ceasing English language tuition obligations. These regulations came into effect on 1 March 1993, the same date as the new section 4D of the Act, ensuring a coordinated implementation of the legislative changes.
Scope and Application
The Immigration (Education) Regulations (Amendment) 1993 No. 31, issued under the authority of the Minister for Immigration, Local Government and Ethnic Affairs, amends the existing regulations made under the Immigration (Education) Act 1971. These regulations apply to entities and individuals involved in providing English language courses to visa holders under the Act. The amendment extends to all Commonwealth areas and applies to any courses provided under the Act, including those related to the fees charged as per section 4A of the Act and the matters prescribed in section 4D. The regulations specifically address the charging and recovery of fees for English language courses and the criteria the Secretary must consider when determining the reasonableness of ceasing English language tuition obligations. The new regulation 6 introduced by this amendment is effective from 1 March 1993, the date the amendment to the Act takes effect. Additionally, the regulations include updates to the definitions related to health care cards to ensure comprehensive coverage of relevant health benefit cards. The Act allows for further regulation and specification of certain matters through subordinate instruments.
Key Provisions
The Immigration (Education) Regulations (Amendment) 1993 No. 31 (the Regulations) provides amendments to the Immigration (Education) Regulations 1992 (the existing Regulations) in accordance with the Immigration (Education) Act 1971 (the Act). Regulation 2 specifies that the Regulations commence on 1 March 1993, which is the same date as the commencement of section 4D of the Act, as inserted by the Migration (Laws) Amendment Act (No. 2) 1992. This ensures compliance with the requirements of subsection 4(2) of the Acts Interpretation Act 1901. Regulation 3 makes changes to subregulation 5(1) of the existing Regulations, which defines "health care card". The new subregulation 5(1) includes additional categories of health cards, namely the Health Benefits Card, the Pensioner Health Benefits Card, the Dependant Treatment Entitlement Card and the Pensioner Health Benefits Card.
The Regulations impose obligations and requirements on the parties or entities governed by the Act. Firstly, the Secretary of the Department of Immigration, Local Government and Ethnic Affairs must consider the matters prescribed in regulation 4 when determining whether it is unreasonable for an obligation to provide English language tuition to cease. Secondly, the Regulations require the charging and recovery of fees for English language courses provided under the Act, as stipulated in section 4A of the Act. Thirdly, the Regulations mandate that the Secretary have regard to the matters prescribed in regulation 6 when determining the reasonableness of ceasing an obligation to provide English language tuition.
The Act and the Regulations outline specific offences, penalties, or civil/criminal consequences for breaches. However, the provided text does not include information regarding maximum penalties for any breaches of the Act or the Regulations. It is essential to refer to the full text of the Act and the Regulations for comprehensive information on penalties and consequences for non-compliance.