EXPLANATORY STATEMENT
Statutory Rules No. 86 of 1987
Migration Regulations (Amendment)
Issued by the Authority of the Minister of State for Immigration and Ethnic Affairs
Section 67 of the Migration Act 1958 (the Act), so far as is relevant, provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to the Act and, in particular, making provision for and in relation to the charging and recovery of fees in respect of the undertaking of English-language tests conducted by or on behalf of the Department.
Regulation 29C of the Migration Regulations previously provided for a fee of $35 to be charged in respect of English-language tests conducted overseas by or on behalf of the Department, and for a fee of $60 to be charged for the same service when conducted in Australia.
The amending regulations increase to $60 the fee payable for an English-language test conducted overseas. The amending regulations also exclude from the scope of Regulation 29C English-language tests conducted by the Department for or on behalf of other Departments.
Details of the amending regulations are as follows:
• regulation 1 provides for the amendments to come into operation on 1 June 1987;
• regulation 2 repeals existing regulation 29C and substitutes a regulation which provides for a fee of $60 to be charged for an English-language test conducted either by the Department otherwise than on behalf of another Department or by another Department on behalf of the Department.
Overview
The Migration Regulations (Amendment) Statutory Rules No. 86 of 1987, issued by the Authority of the Minister of State for Immigration and Ethnic Affairs, were enacted to address inconsistencies in the fees charged for English-language tests conducted by or on behalf of the Department of Immigration and Ethnic Affairs, as per the Migration Act 1958. The primary objective was to standardise the fees for these tests regardless of whether they were conducted in Australia or overseas, and to exclude certain tests from the scope of the regulation. This amendment sought to ensure that the fees charged were fair and consistent, reflecting the costs associated with administering these tests. The new regulations came into effect on 1 June 1987, replacing the previous Regulation 29C to align with the updated fee structure and scope.
Scope and Application
The amending regulations outlined in Statutory Rules No. 86 of 1987 pertain to the Migration Regulations under the Migration Act 1958. These regulations apply to individuals and entities that are subject to the Act, specifically those who require English-language proficiency tests as part of their migration process. The regulations concern the fees for English-language tests conducted either in Australia or overseas by or on behalf of the Department of Immigration and Ethnic Affairs. The amendment affects the fees charged for these tests, raising the fee for tests conducted overseas to $60, aligning it with the fee for tests conducted in Australia, which remains at $60. The new regulations exclude from their scope English-language tests conducted by the Department for or on behalf of other departments. The application of these regulations is nationwide, reflecting their role within the Commonwealth's legislative framework. The amendments take effect from 1 June 1987, as stipulated in the regulations, and any further details or specific applications may be prescribed through subordinate instruments.
Key Provisions
The Migration Regulations (Amendment) Statutory Rules No. 86 of 1987 introduces significant changes to the fees for English-language tests under the Migration Act 1958. Regulation 1 specifies that these amendments will take effect on 1 June 1987. Regulation 2 is particularly notable as it repeals the existing Regulation 29C and replaces it with a new provision. Under this new regulation, a fee of $60 is to be charged for English-language tests conducted either by the Department of Immigration and Ethnic Affairs or by another department on behalf of the Department. This new fee structure applies to tests conducted both overseas and in Australia, thus unifying the fee across different locations. Moreover, Regulation 2 excludes English-language tests conducted by the Department for or on behalf of other departments from the scope of Regulation 29C.
The amended regulations impose clear obligations on the Department of Immigration and Ethnic Affairs and any other department conducting English-language tests on its behalf. The most significant obligation is the requirement to charge a fee of $60 for any English-language tests conducted either by the Department itself or by another department on its behalf. This obligation ensures consistency in the fee structure for English-language tests and removes the previous differentiation between fees for tests conducted overseas and in Australia. Furthermore, the exclusion of tests conducted for or on behalf of other departments from Regulation 29C delineates specific scenarios where the new fee structure does not apply, thereby clarifying the scope of the amended regulations.
Breach of the obligations set out in these regulations could lead to various consequences, though the specific statutory rules do not detail penalties or consequences within the explanatory statement. Generally, under the Migration Act 1958, failure to comply with regulations may result in administrative or legal action. For instance, the Minister for Immigration and Ethnic Affairs may impose administrative penalties for non-compliance, and in more severe cases, civil or criminal proceedings could be initiated. The penalties could vary widely depending on the nature and severity of the breach, but they could include fines or other forms of sanctions as prescribed by the Act or relevant subsidiary legislation.