Federal Register of Legislation - Australian Government

Primary content

Immigration (Education) Regulations

Authoritative Version
SR 1992 No. 432 Regulations as made
Principal Regulations
Administered by: Education and Training
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR04-May-1993
Tabled Senate04-May-1993
Gazetted 24 Dec 1992
Date of repeal 01 Oct 2018
Repealed by Immigration (Education) Regulations 2018

Statutory Rules 1992   No. 4321

__________________

Immigration (Education) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Immigration (Education) Act 1971.

         Dated 17 December 1992.

 

                                                                                    BILL HAYDEN

                                                                                   Governor-General

         By His Excellency’s Command,

 

 

GERRY HAND

Minister of State for Immigration, Local

Government and Ethnic Affairs

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Citation

               1.   These Regulations may be cited as the Immigration (Education) Regulations.


Commencement

               2.   These Regulations commence on 1 January 1993.

Interpretation

               3.   In these Regulations, unless the contrary intention appears:

CES” has the same meaning as in the Social Security Act 1991;

formal course”, in relation to a prescribed English course, means a course for which a statement of attainment or progress in functional English is given on completion of the course;

prescribed English course” means an English course provided in accordance with section 4 of the Act;

the Act” means the Immigration (Education) Act 1971.

Fees—prescribed English courses

               4.   (1) The fee for a prescribed English course is:

              (a)   in the case of a formal course—$250; and

              (b)   in any other case—$50.

              (2)   The fee is payable on enrolment in the course.

              (3)   A person enrolling in a prescribed English course is  exempt from paying the fee if, at the time of enrolment, he or she is:

              (a)   the holder of a health care card, within the meaning of section 4A of the Act; or

              (b)   a registered job seeker, within the meaning of that section.

              (4)   If the Minister is satisfied that a person who has paid a fee for a prescribed English course was, at  the time of enrolment, exempt under subregulation (3) from paying the fee, the Minister must give the person a refund of the amount paid.

Definitions—section 4A of the Act

               5.   (1)  For the purposes of section 4A of the Act, the card known as a Health Care Card that is issued by the Department of Social Security for the purposes of the Health Insurance Act 1973 is a health care card.

              (2)   For the purposes of section 4A of the Act, a person is a registered job seeker if he or she:

              (a)   is registered with the CES as a person who:

 

                           (i)   is unemployed; or

                          (ii)   is employed on a part-time, temporary or casual basis;

                     and

              (b)   meets one of the following criteria:

                           (i)   the person is actively seeking full-time employment;

                          (ii)   the person:

                                     (A)   is restricted by a medical condition to working on a part-time basis; and

                                     (B)   is actively seeking employment that is compatible with that restriction;

                         (iii)   the person:

                                     (A)   is in receipt of sickness benefit under Part 2.14 of the Social Security Act 1991; and

                                     (B)   has been referred by a Disability Panel to the CES; and

                                     (C)   has agreed with the CES to develop an Activity Plan.

 

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NOTE

1.     Notified in the Commonwealth of Australia Gazette on 24 December 1992.