EXPLANATORY STATEMENT
Migration Regulations 1994
TYPES OF COURSES FOR STUDENT VISAS
(SUBREGULATION 1.40A(1))
- This Instrument is made under Subregulation 1.40A(1) of the Migration Regulations 1994
(‘the Regulations’).
2. Regulation 1.40A(1) provides for the specification of the types of courses for each subclass of student visa, except Subclass 576 (AusAID or Defence Sector).
“Student visa” is defined in regulation 1.03 of the Regulations to mean any of the following subclasses of visa: (a) a Subclass 570 (Independent and ELICOS Sector) visa; (b) a Subclass 571(Schools Sector) visa; (c) a Subclass 572 (Vocation Education and Training Sector) visa; (d) a Subclass 573 (Higher Education Sector) visa; (e) a Subclass 574 (Postgraduate Research Sector) visa; (f) a Subclass 575 (Non-Award Sector) visa; (g) a Subclass 576 (AUSAID or Defence Sector) visa.
3. The purpose of the Instrument is to update the description of the provision under which the instrument is made, from 1.40A to 1.40A(1).
4. The instrument operates to specify the types of courses for each subclass of student visa, except Subclass 576 (AusAID or Defence Sector).
5. Pursuant to subsection 18(1) of the Legislative Instruments 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 has advised that a Regulatory Impact Statement is not required (OBPR Reference 12851).
7. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
8. The instrument commences on 24 March 2012, immediately after the commencement of Migration Legislation Amendment Regulation 2012 (No. 1).