Commonwealth of Australia
Migration Act 1958
Migration Regulations 1994
SPECIFICATION OF COURSES OF STUDY FOR THE PURPOSES OF SUBREGULATION 1.44(2) OF THE MIGRATION REGULATIONS 1994
I, PHILIP RUDDOCK, Minister for Immigration and Multicultural and Indigenous Affairs, acting under regulation 1.17 and subregulation 1.44(2) of the Migration Regulations 1994 ("the Regulations") hereby:
- REVOKE the Gazette Notice specifying courses of study, being courses not conducted in English, as courses in relation to which the applicant need not give evidence of his or her English language ability made on 9 May 2002; and
2. SPECIFY the following courses of study, being courses not conducted in English, as courses in relation to which the applicant need not give evidence of his or her English language proficiency:
- Master of International Management (Mandarin) – Australian National University, Canberra;
- Master of Business Administration (China) – La Trobe University, Victoria;
- Master of Health Administration (China) – La Trobe University, Victoria.
This notice has effect on publication.
Dated 29 August 2002.
PHILIP RUDDOCK
Minister for Immigration and Multicultural and Indigenous Affairs
[NOTE 1: Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
Note 2: Subregulation 1.44(2) provides that for Part 574 of Schedule 2 to the Regulations, the Minister may specify by Gazette Notice a course of study that is not conducted in English as a course in relation to which the applicant need not give evidence of his or her English language proficiency.]
Overview
The Migration Act 1958, administered by the Australian Parliament, serves as the primary legislative framework governing the movement of people to, from, and within Australia. The Act aims to provide a coherent and consistent approach to immigration, while safeguarding the nation’s borders and ensuring that migrants contribute positively to the Australian community. One of its subsidiary instruments, the Migration Regulations 1994, further details the operational aspects of the Act, including provisions for student visas and the requirements for non-English speaking background students. To address a specific issue regarding the exemption of certain non-English courses from English language proficiency requirements, the Minister for Immigration and Multicultural and Indigenous Affairs, Philip Ruddock, issued a legislative instrument on 29 August 2002. This instrument revoked a previous notice and specified particular courses, such as the Master of International Management (Mandarin) at the Australian National University and the Master of Business Administration (China) and Master of Health Administration (China) at La Trobe University, as those for which applicants would not need to provide evidence of their English language proficiency. The policy objective behind this legislative action was to streamline the visa application process for students enrolling in courses conducted in languages other than English, thereby facilitating easier access to higher education for international students with sufficient proficiency in their respective course languages.
Scope and Application
The legislative instrument in question is a notice issued by the Commonwealth of Australia under the Migration Act 1958 and the Migration Regulations 1994. It specifies courses of study not conducted in English for which applicants need not provide evidence of their English language proficiency. The specified courses include the Master of International Management (Mandarin) at the Australian National University, Canberra, and two courses at La Trobe University, Victoria: the Master of Business Administration (China) and the Master of Health Administration (China). This notice revokes a previous Gazette Notice from 9 May 2002 and is effective immediately upon publication. The legislation applies to applicants for student visas who are enrolled in the specified courses, thereby exempting them from the requirement to demonstrate English language proficiency. The specified courses are limited to those listed in the notice, and the application of the Act extends to all students enrolled in these particular programs across the specified institutions. The geographic reach of this legislation is nationwide, impacting students from various locations who are enrolled in the designated courses.
Key Provisions
The legislative instrument specifies certain courses of study that are not conducted in English, for which applicants need not provide evidence of their English language proficiency, under subregulation 1.44(2) of the Migration Regulations 1994 (paragraph 2). The courses identified are the Master of International Management (Mandarin) at the Australian National University in Canberra, the Master of Business Administration (China) at La Trobe University in Victoria, and the Master of Health Administration (China) also at La Trobe University in Victoria. This specification is effective upon publication and replaces an earlier Gazette Notice from 9 May 2002, which is revoked by this instrument (paragraphs 1 and 3).
The obligations under this legislative instrument fall primarily on the Minister for Immigration and Multicultural and Indigenous Affairs, who exercises their authority under regulation 1.17 and subregulation 1.44(2) of the Migration Regulations 1994 to specify such courses. The Minister's role is to ensure that the specified courses align with the requirements of the Migration Regulations and to update the list as necessary to reflect changes in course offerings or other relevant factors.
There are no explicit offences or penalties mentioned within the legislative instrument itself. However, the underlying Migration Regulations 1994 and the Migration Act 1958 provide a framework for enforcement. Any failure to comply with the requirements of the Regulations could potentially lead to a range of civil or criminal consequences, including fines, imprisonment, or deportation, depending on the specific breach and its severity. The specific penalties would be determined in accordance with the relevant sections of the Migration Act 1958 and associated regulations.