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Immigration (Education) Regulations 1992

Authoritative Version
SR 1992 No 432 Regulations as amended, taking into account amendments up to SR 2004 No. 301
Administered by: Immigration and Citizenship
Start Date 01 Sep 2004
End Date 30 Jun 2005
Date of repeal 01 Oct 2018
Repealed by Immigration (Education) Regulations 2018

IMMIGRATION (EDUCATION) REGULATIONS 1992



Compilation Information

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Immigration (Education) Regulations 1992

Statutory Rules 1992 No. 432 as amended
made under the
Immigration (Education) Act 1971
This compilation was prepared on 7 September 2004
taking into account amendments up to SR 2004 No. 301
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra


IMMIGRATION (EDUCATION) REGULATIONS 1992
- REG 1
Name of regulations [see Note 1]

These regulations are the Immigration (Education) Regulations 1992.

IMMIGRATION (EDUCATION) REGULATIONS 1992
- REG 2
Commencement

These regulations commence on 1 January 1993.

IMMIGRATION (EDUCATION) REGULATIONS 1992
- REG 3
Interpretation

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.

IMMIGRATION (EDUCATION) REGULATIONS 1992
- REG 4
Fees — prescribed English courses

(1) For subsection 4A (1) of the Act, the fee for a prescribed English course is:

(a)
for a formal course — $300; and

(b)
for any other course — $65.

(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)
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:


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(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.

IMMIGRATION (EDUCATION) REGULATIONS 1992
- REG 5
Definitions — section 4A of the Act

(1)
For the purposes of section 4A of the Act, the following cards are prescribed:

(a)
the cards known as:

(i)
the Health Benefits Card; or
(ii)
the Pensioner Health Benefits Card; or
(iii)
the Pensioner Concession Card;
issued by the Department of Social Security for the purposes of the National Health Act 1953;

(b)
the card known as the Health Care Card issued by the Department of Social Security for the purposes of the Health Insurance Act 1973;

(c)
the cards known as:

(i)
the Dependant Treatment Entitlement Card; or
(ii)
the Pensioner Health Benefits Card; or
(iii)
the Pensioner Concession Card;
issued by the Department of Veterans' Affairs for the purposes of the Veterans' Entitlements Act 1986.

(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

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(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.

IMMIGRATION (EDUCATION) REGULATIONS 1992
- REG 5A
Persons excluded from English tuition — paragraphs
4B (e) and 4C (e) of the Act

A person for whom an English course has been provided under section 4 of the Act is excluded from being provided with English tuition under section 4B or 4C of the Act.

IMMIGRATION (EDUCATION) REGULATIONS 1992
- REG 6
Prescribed matters — paragraph 4D (3) (b) of the Act

For the purposes of paragraph 4D (3) (b) of the Act, the following matters are prescribed:

(a)
the employment record of the person referred to in section 4D of the Act;

(b)
the record of that person in learning English;

(c)
any long term illness of the person;

(d)
the family commitments of the person;

(e)
any period or periods of absence from Australia;

in the period of 36 months starting on the visa commencement date.

IMMIGRATION (EDUCATION) REGULATIONS 1992
Notes to the Immigration (Education) Regulations 1992

Note 1

The Immigration (Education) Regulations 1992 (in force under the Immigration (Education) Act 1971) as shown in this compilation comprise Statutory Rules 1992 No. 432 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1992 No. 432
24 Dec 1992
1 Jan 1993

1993 No. 31
12 Feb 1993
1 Mar 1993

1993 No. 54
4 May 1993
R. 3: 1 Jan 1993
Remainder: 4 May 1993

1994 No. 142
23 May 1994
1 Jan 1994

1995 No. 303
26 Oct 1995
1 Nov 1995

1997 No. 136
23 June 1997
1 July 1997

1997 No. 280
1 Oct 1997
1 Oct 1997

1997 No. 405
24 Dec 1997
1 Jan 1998

1999 No. 90
4 June 1999
1 July 1999

2001 No. 46
16 Mar 2001
1 Apr 2001

2002 No. 120
14 June 2002
1 July 2002
R. 4
2003 No. 91
22 May 2003
1 Mar 2003

2004 No. 192
1 July 2004
1 July 2004

2004 No. 301
7 Sept 2004
1 Sept 2004

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 1999 No. 90
R. 4
am. 1995 No. 303; 1997 Nos. 136, 280 and 405; 1999 No. 90; 2001 No. 46; 2002 No. 120; 2003 No. 91; 2004 Nos. 192 and 301
R. 5
am. 1993 Nos. 31 and 54; 1994 No. 142
R. 5A
ad. 1997 No. 136
R. 6
ad. 1993 No. 31

am. 1993 No. 54

Table A

Table A Application, saving or transitional provisions

Statutory Rules 2002 No. 120
4 Transitional

The amendment made by Schedule 1 applies to a person who enrols in a prescribed English course (within the meaning of the Immigration (Education) Regulations 1992) on or after 1 July 2002.