Commonwealth Numbered Regulations - Explanatory Statements

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

Immigration (Education) Act 1971

Migration Regulations (Amendment)

Subsection 4(1) of the Acts Interpretation Act 1901 (the Act) provides that where an amending Act amends a principal Act in such a way that the principal Act in confer power to make regulations then the power may be exercised before the amendments come into operation as if they had come into operation.

Part 2 of the Migration (Laws) Amendment Act (No.2) 1992 inserts a new section 4A into the Immigration (Education) Act 1971 (the Act). Part 2 of the Migration (Laws) Amendment Act (No.2) 1992 commences on 1 January 1993. Section 4A provides that the regulations may provide for the charging and recovery of fees in respect of English language courses provided under the Act. Regulation 13 of the Act also provides for the Governor-General to make regulations prescribing matters required or permitted to be prescribed.

The purpose of the Regulations is:

       in regulations 3 and 4, to provide for a fee of $250 payable on enrolment in an approved formal English language course and a fee of $50 for an approved informal English language course and for the holder of a health care card or a registered job seeker to be exempt from the fee; and

       in regulation 5, to prescribe the meaning of "health care card" and "registered job seeker".

The regulations commence on 1 January 1993.

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