Commonwealth Numbered Regulations - Explanatory Statements

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IMMIGRATION (EDUCATION) CHARGE REGULATIONS 1993 NO. 30

STATUTORY RULES 1993 No. 30

Issued by the Authority of the Minister for Immigration, Local Government and Ethnic Affairs

Immigration (Education) Charge Act 1992

Immigration (Education) Charge Regulations

Subsection 4(1) of the Acts Interpretation Act 1901 (the Act) provides that where an Act will confer power to make regulations but the Act is not to come into operation immediately upon its enactment then the power may be exercised before the Act comes into operation as if it had come into operation.

The Immigration (Education) Charge Act 1992 commences on 1 March 1993. Section 10 provides for the GovernorGeneral to make regulations prescribing matters required or permitted to be prescribed. Paragraph (c) of the definition of "exempt entry permit" in subsection 3(2) provides for entry permits to be prescribed for the purposes of that definition. Paragraph (c) of the definition of "exempt visa" in subsection 3(2) provides for visas to be prescribed for the purposes of that definition. Further, section 6 provides the power to prescribe the amount of English Education Charge, not exceeding $4,080, for applications in relation to the class of applicants of which the applicant is a member. The purpose of the Regulations is:

•       in regulation 2, to provide that the Regulations are to commence on 1 March 1993. This is the day on which the Immigration (Education) Charge Act 1992 commences, and therefore is accordance with the requirements of subsection 4(2) of the Acts Interpretation Act 1901;

•       in regulation 4, to prescribe as "exempt entry permits" for the purposes of paragraph (c) of the definition of "exempt entry permit" in subsection 3(2), all entry permits. All entry permits are prescribed for the purposes of the definition, including those which may be applied for only at the Entry Control Point before the applicant has entered Australia, and those which may be applied for only after the applicant has entered Australia;

•       in regulation 5, to prescribe as "exempt visas" for the purposes of paragraph (c) of the definition of "exempt visas" in subsection 3(2), a number of visas; and

•       in regulation 6, to prescribe the amount of English Education Charge which must be paid in relation to an application on which English Education Charge is imposed by section 5.