EXPLANATORY STATEMENT

Migration Regulations 1994

ELIGIBLE EDUCATION PROVIDERS AND EDUCATIONAL BUSINESS PARTNERS 2015

(Clauses 572.112, 573.112, 574.112 and 575.112)

1. Instrument IMMI 15/132 is made under clauses 572.112, 573.112, 574.112 and 575.112 of Schedule 2 to the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI 15/120 (F2015L01275) under subsection 33(3) of the Acts Interpretation Act 1901, which states 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 purpose of the Instrument is to confirm, amend, or remove educational business partners and, confirm or amend details of selected education providers and/or educational business partners
4. The Instrument operates to specify education providers as eligible education providers and education providers as education business partners of the eligible education providers for Subclass 572 – Vocational Education and Training Sector; Subclass 573 – Higher Education Sector; and Subclass 574 – Postgraduate Research Sector Student visas; and to specify education providers as an eligible education providers for Subclass 575 – Non-award Sector Student visas.
5. Eligible education providers were consulted before the Instrument was made. Eligible education providers were given the opportunity to confirm details of their educational business partner nominations.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19541).
7. Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
8. This Instrument, IMMI 15/132, commences on 21 November 2015.