EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF EDUCATIONAL INSTITUTIONS, LOCATION OF CAMPUSES AND POSTCODES FOR THE PURPOSES OF ITEMS 6A1001 AND 6A1002 OF SCHEDULE 6A TO THE MIGRATION REGULATIONS 1994
- This Instrument is made under regulation 1.17 and items 6A1001 and 6A1002 of Schedule 6A to the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.17 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.
3. Items 6A1001 and 6A1002 of Schedule 6A of the Regulations provide that an additional 5 points are available where for Item 6A1001 an applicant:
- has met the requirements for award of a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) by an Australian educational institution specified in a Gazette Notice for this item; and
- all instruction was provided in English; and
- the location of the campus where the applicant studied is specified in the Gazette Notice; and
- while undertaking the 2 years of full time study, the applicant lived in a part of Australia, the postcode of which is specified in the Gazette Notice; and
- study undertaken did not constitute distance education.
4. For Item 6A1002 an applicant:
- has met the requirements for award of a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) by an Australian educational institution specified in a Gazette Notice for this item as a result of less than 2 years of full time study; and
- the location of the campus where the applicant studied is specified in the Gazette Notice; and
- before meeting the requirements for the award of that degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution or another Australian educational institution, the applicant met the requirements for the award of at least one other degree, diploma or trade qualification ; and
- all instruction for each of the degrees, diplomas or trade qualifications completed by the applicant as a result of a minimum of 2 years full time study was conducted in English; and
- while undertaking the 2 years of full time study, the applicant lived in a part of Australia , the postcode of which is specified in the Gazette Notice; and
- study undertaken did not constitute distance education.
5. The purpose of this Instrument is to:
- revoke all previous Gazette Notices and Legislative Instruments specifying Regional and Low Population Growth Metropolitan Areas for the purposes of items 6A1001 and 6A 1002 of Schedule 6A to the Regulations; and
- specify educational institutions that have a campus or campuses with a postcode located in a regional or low population growth metropolitan area for the purposes of items 6A1001 and 6A1002.
6. The Instrument operates to list in Schedule 1 those educational institutions operating a campus or campuses located within a postcode or postcode range as listed in Schedule 2. In Schedule 2, the postcode or postcodes ranges listed are located in a regional or low population growth metropolitan area.
7. The purpose of the Instrument is to ensure all campuses located in regional and low population growth metropolitan areas are properly identified. Previous Gazette Notices listed the Educational Institution and the name of each campus operated by the institution that is located in a regional and low population growth metropolitan area. This required regular revision of the Gazette Notice whenever campuses were, for whatever reason, not listed in the schedule.
8. This Instrument does not substantially alter existing arrangements. As such, consultation was unnecessary (paragraph 18(2)(a) of the Legislative Instruments Act 2003 refers).
9. The Instrument commences on 1 November 2005.