Federal Register of Legislation - Australian Government

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SR 2004 No. 301 Regulations as made
These Regulations amend the Immigration (Education) Regulations 1992.
Administered by: Immigration and Citizenship
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR16-Nov-2004
Tabled Senate16-Nov-2004
Gazetted 07 Sep 2004
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

Immigration (Education) Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 3012

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Immigration (Education) Act 1971.

Dated 31 August 2004



By His Excellency’s Command


1              Name of Regulations

                These Regulations are the Immigration (Education) Amendment Regulations 2004 (No. 1).

2              Commencement

                These Regulations are taken to have commenced on 1 September 2004.

3              Amendment of Immigration (Education) Regulations 1992

                Schedule 1 amends the Immigration (Education) Regulations 1992.

Schedule 1        Amendment

(regulation 3)


[1]           Subregulations 4 (3) and (4)


         (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)   The fee for a person enrolling in a prescribed English course is waived if, at the time of enrolment, the person is the holder of:

                (a)    a Business Skills (Provisional) (Class UR) visa; or

               (b)    an Interdependency (Provisional) (Class UG) visa; or

                (c)    a Partner (Provisional) (Class UF) visa; or

               (d)    a Partner (Temporary) (Class UK) visa; or

                (e)    a Resolution of Status (Temporary) (Class UH) visa; or

                (f)    a Skilled — Independent Regional (Provisional) (Class UX) visa.

         (5)   The Minister must give a person a refund of an amount paid in respect of the fee for a prescribed English course if the Minister is satisfied that the person:

                (a)    was, at the time of enrolment:

                          (i)    exempt from paying the fee under subregulation (3); or

                         (ii)    entitled to a waiver of the fee under subregulation (4); and

               (b)    has paid the amount.


1.       These Regulations amend Statutory Rules 1992 No. 432, as amended by 1993 Nos. 31 and 54; 1994 No. 142; 1995 No. 303; 1997 Nos. 136, 280 and 405; 1999 No. 90; 2001 No. 46; 2002 No. 120; 2003 No. 91; 2004 No. 192.

2.       Notified in the Commonwealth of Australia Gazette on 7 September 2004.