Overview

The Explanatory Statement for F2013L00436 outlines amendments made to the Migration Regulations 1994 concerning the specification of eligible education providers and their educational business partners. This legislative instrument was enacted to address the need for updating the details and relationships of educational business partners linked to eligible education providers for specific student visa subclasses. The regulations empower the Minister to specify eligible education providers and their educational business partners through written instruments. The amendments reflect modifications such as the addition, removal, and updating of educational business partners' details. Consultation with stakeholders, including eligible education providers, was conducted to confirm and update these details before the enactment of the instrument. The Office of Best Practice Regulation determined that a Regulatory Impact Statement was not necessary for this instrument, and it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, meaning a Human Rights Statement of Compatibility is also not required. The instrument, designated as IMMI 13/027, took effect on 23 March 2013.

Scope and Application

The Migration Regulations 1994, as amended by Instrument F2013L00436, pertain to the specification of eligible education providers and their educational business partners for specific student visa subclasses, namely subclasses 573 Higher Education Sector, 574 Postgraduate Research Sector, and 575 Non-award Sector Student visas. This legislative instrument applies to educational institutions that meet the criteria set forth by the Minister under clauses 573.112, 574.112, and 575.112 of the Regulations. These clauses empower the Minister to designate specific education providers as eligible education providers and to identify associated educational business partners. The scope of the Act is national, extending across Australia under the Commonwealth's regulatory authority. The instrument reflects modifications to the details of participating universities' educational business partners, including the addition, removal, and updating of partners. The changes implemented through this instrument follow consultations with relevant stakeholders and the international education sector, providing educational providers with opportunities to confirm and update their business partner details. The instrument exempts itself from disallowance and does not require a Human Rights Statement of Compatibility under the Legislative Instruments Act 2003.

Key Provisions

The Migration Regulations 1994, under clauses 573.112, 574.112 and 575.112, provide the framework for the Minister to specify eligible education providers and their educational business partners for certain student visa subclasses. Specifically, clauses 573.112 and 574.112 allow the Minister to designate particular education providers as eligible education providers and specify one or more other education providers as their educational business partners, while clause 575.112 enables the designation of an education provider as an eligible education provider. These provisions are integral to the operation of the Higher Education Sector (subclass 573), Postgraduate Research Sector (subclass 574) and Non-award Sector (subclass 575) student visas. The obligations imposed by these regulations are primarily on the Minister, who must make the written specifications of eligible education providers and their educational business partners. This includes the designation of new eligible education providers, the addition or removal of educational business partners, and the updating of existing details. The regulations also require that eligible education providers be given the opportunity to confirm and update the details of their educational business partners. These specifications are made to ensure that the education providers listed meet certain criteria and are capable of supporting international students. There are no explicit offences, penalties, or consequences detailed in the Explanatory Statement for breaches of these provisions. However, it is implied that non-compliance with the regulations could potentially affect the eligibility of education providers and their business partners, which could in turn impact the ability of international students to obtain the relevant student visas. The regulations are designed to maintain a standard of quality and integrity within the international education sector, and failure to adhere to these specifications could result in administrative or legal repercussions for the education providers involved. The Instrument IMMI 13/027, which implements these provisions, was made in consultation with relevant stakeholders and the international education sector, ensuring that the changes reflect current and accurate information. The Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary, and the Legislative Instruments Act 2003 exempts this Instrument from disallowance, meaning no Human Rights Statement of Compatibility is required. This Instrument commenced on 23 March 2013, and it continues to be the governing framework for the designation of eligible education providers and their educational business partners within the specified visa subclasses.