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. Subregulation 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 ELICOS Sector) visa; (b) a Subclass 571 (Schools Sector) visa; (c) a Subclass 572 (Vocational 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 amend certain types of courses under Subclass 572 (Vocational Education and Training Sector) and Subclass 573 (Higher Education Sector). For Diplomas, Advanced Diplomas, Graduate Certificates and Graduate Diplomas, the education sector of the provider offering the course is mentioned between brackets to clarify that there is no sectoral distinction between these courses. This update will better align the types of courses in the Instrument with the Australian Qualifications Framework.
4. The instrument operates to specify the types of courses for each subclass of student visa, except Subclass 576 (AusAID or Defence Sector).
5. Consultation was undertaken before the instrument was made with the Department of Education and the Australian Qualifications Framework Council.
6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16207).
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 22 March 2014, immediately after the commencement of Migration Amendment (Redundant and Other Provisions) Regulation 2014.