EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 19/085: Academic Year) Instrument 2019

(Regulation 1.03)

1. The instrument, LIN 19/085, is made under regulation 1.03 of the Migration Regulations 1994 (the Regulations).
2. The instrument repeals IMMI 09/040 (F2009L01654) made under regulation 1.03 the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The instrument operates to define an academic year. It maintains the policy standard which has been applied since 1 September 2007, that an academic year is at least a total of 46 weeks.
4. The purpose of the instrument is to specify the number of weeks which determines the measure of an academic year for meeting the Australian study requirement. This requirement is relevant to the Temporary Graduate visa (subclass 485) and the skilled migration points test as part of applying for General Skilled Migration (GSM) visas. Students applying for a Temporary Graduate visa must have met the Australian study requirement in the six months prior to lodging their application. Students applying for a GSM visa can earn points under the skilled migration points test if they meet the Australian study requirement.   The intention is to remove any uncertainty as to the number of weeks a course must be registered on the Commonwealth Register of Institutions and Courses for Overseas Students.  
5. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not necessary.  The instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
6. The Office of Best Practice Regulation (OBPR) have advised that a Regulatory Impact Statement is not required (OBPR Reference: 24040).
7. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
8. The instrument commences on the day after registration on the Federal Register of Legislation.