Overview

The Explanatory Statement outlines an instrument made under Regulation 1.03 of the Migration Regulations 1994, which provides clarity on the definition of an "academic year" for the purposes of General Skilled Migration (GSM). This legislative instrument seeks to address the uncertainty around the number of weeks a course must be registered on the Commonwealth Register of Institutions and Courses for Overseas Students. By doing so, it ensures consistency and removes ambiguity in the requirements for individuals applying for GSM, who need to complete a specified period of study to meet the Australian study requirement or earn points towards their migration application. The instrument was introduced to formalise the policy standard that has been applied since 1 September 2007, setting forth that one academic year comprises at least 46 weeks, two academic years at least 92 weeks, and three academic years at least 138 weeks, aligning with the duration of courses registered under the Education Services for Overseas Students Act 2000. This minor or machinery instrument, which does not substantially alter existing arrangements, commenced on 15 May 2009.

Scope and Application

The Migration Regulations 1994, as amended by the instrument F2009L01654, applies to all individuals and entities involved in the application process for General Skilled Migration (GSM) in Australia. Specifically, the regulations are relevant to students who need to meet the Australian study requirement or earn points for Australian study as part of their GSM application. The instrument sets forth the specific number of weeks that determine one, two, and three academic years for these purposes, providing clarity and removing previous uncertainty about the required duration of courses registered on the Commonwealth Register of Institutions and Courses for Overseas Students. The instrument applies to courses registered under section 9 of the Education Services for Overseas Students Act 2000, and it establishes that one academic year is at least 46 weeks, two academic years at least 92 weeks, and three academic years at least 138 weeks. This instrument, which is of a minor or machinery nature, does not require consultation and does not substantially alter existing arrangements.

Key Provisions

The primary provision of the Instrument (Regulation 1.03) establishes the definition of an 'academic year' within the Migration Regulations 1994. It specifies that the academic year is a period determined by the Minister in an instrument. This definition is crucial for applicants under the General Skilled Migration (GSM) scheme who need to complete a certain duration of study to meet the Australian study requirement or earn points. By incorporating this into the Regulations, the Instrument removes any ambiguity about the number of weeks required for a course to be registered on the Commonwealth Register of Institutions and Courses for Overseas Students, aligning the legal definition with the policy standard that has been in practice since 1 September 2007. Entities and individuals subject to the Migration Regulations 1994, particularly those applying for GSM, must comply with the new definitions of academic years as specified in the Instrument. For instance, to meet the requirement for one academic year, applicants must complete at least 46 weeks of study. Similarly, two academic years require a minimum of 92 weeks, and three academic years require a minimum of 138 weeks of study. This ensures that all applicants meet a consistent and legally defined standard for their study duration, which is necessary for their applications to be considered valid under the GSM scheme. The Instrument does not explicitly outline offences or penalties for non-compliance, as it is of a minor or machinery nature. However, non-compliance with the specified duration of study could result in the rejection of an application for GSM. Since the Instrument updates the existing policy into a legally binding regulation, failure to meet the specified academic year durations could lead to applicants not satisfying the Australian study requirement or points test, thereby affecting their eligibility for migration under the GSM scheme.