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Immigration (Education) Regulations 2018

Authoritative Version
Regulations as made
This instrument repeals and replaces the Immigration (Education) Regulations 1992 which are due to sunset, pursuant to s 50 of the Legislation Act 2003, on 1 October 2018.
Administered by: Home Affairs
Registered 06 Aug 2018
Tabling HistoryDate
Tabled HR13-Aug-2018
Tabled Senate13-Aug-2018

Commonwealth Coat of Arms of Australia

 

Immigration (Education) Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 02 August 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Karen Andrews

Assistant Minister for Vocational Education and Skills
Parliamentary Secretary to the Minister for Education and Training

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

5............ Definitions..................................................................................................................... 1

Part 2—English courses                                                                                                                                3

6............ Requirements for application for extension of period for registration or commencement 3

7............ Matters to which Secretary must have regard when deciding on extension of period for registration or commencement...................................................................................................................................... 3

8............ Requirements for application for extension of time limit on tuition............................... 4

9............ Matters to which Secretary must have regard when deciding on extension of time limit on tuition          4

Part 3—Citizenship courses                                                                                                                       5

10.......... Persons to whom citizenship courses may be provided................................................. 5

Part 4—Application, saving and transitional provisions                                                          6

11.......... Applications made under the Immigration (Education) Regulations 1992.................... 6

Schedule 1—Repeals                                                                                                                                       7

Immigration (Education) Regulations 1992                                                                                     7

 


Part 1Preliminary

  

1  Name

                   This instrument is the Immigration (Education) Regulations 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 October 2018.

1 October 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Immigration (Education) Act 1971.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    approved English course;

(b)    Secretary;

(c)    visa commencement day.

                   In this instrument:

Act means the Immigration (Education) Act 1971.

illness includes a physical or mental illness.

injury includes a physical or mental injury.

non‑participation period, in relation to an application under subsection 4C(3) or 4D(3) of the Act, means the period starting on the applicant’s visa commencement day and ending on the day on which the application is made.

Part 2English courses

  

6  Requirements for application for extension of period for registration or commencement

                   For the purposes of paragraph 4C(4)(a) of the Act, an application under subsection 4C(3) of the Act must be made:

                     (a)  through a provider of an approved English course, electronically in the form approved in writing by the Secretary; and

                     (b)  within 10 years after the applicant’s visa commencement day.

7  Matters to which Secretary must have regard when deciding on extension of period for registration or commencement

             (1)  For the purposes of paragraph 4C(6)(a) of the Act, if the application is made by an applicant who is aged under 18 years on the applicant’s visa commencement day, the following matters are prescribed:

                     (a)  the applicant’s medical history during the non‑participation period, including the nature and duration of any serious illness or injury suffered by the applicant during the non‑participation period;

                     (b)  the applicant’s family and caring commitments during the non‑participation period;

                     (c)  any other compelling or compassionate reasons that existed during the non‑participation period for making a particular decision on the application.

             (2)  For the purposes of paragraph 4C(6)(a) of the Act, if the application is made by an applicant who is aged 18 years or over on the applicant’s visa commencement day, the following matters are prescribed:

                     (a)  the applicant’s record in learning English during the non‑participation period;

                     (b)  during the non‑participation period, the applicant’s participation in, and suitability for, educational services generally available to members of the public;

                     (c)  the applicant’s employment record during the non‑participation period;

                     (d)  the applicant’s medical history during the non‑participation period, including the nature and duration of any serious illness or injury suffered by the applicant during the non‑participation period;

                     (e)  the applicant’s family and caring commitments during the non‑participation period;

                      (f)  whether the applicant was not in Australia at any time during the non‑participation period;

                     (g)  any other compelling or compassionate reasons that existed during the non‑participation period for making a particular decision on the application.

8  Requirements for application for extension of time limit on tuition

                   For the purposes of paragraph 4D(4)(a) of the Act, an application under subsection 4D(3) of the Act must be made:

                     (a)  through a provider of an approved English course, electronically in the form approved in writing by the Secretary; and

                     (b)  within 10 years after the applicant’s visa commencement day.

9  Matters to which Secretary must have regard when deciding on extension of time limit on tuition

                   For the purposes of paragraph 4D(6)(a) of the Act, the following matters are prescribed in relation to a decision under subsection 4D(5) of the Act on an application:

                     (a)  the applicant’s medical history during the non‑participation period, including the nature and duration of any serious illness or injury suffered by the applicant during the non‑participation period;

                     (b)  whether a family member of the applicant died during the non‑participation period;

                     (c)  whether the applicant had a traumatic experience during the non‑participation period;

                     (d)  any compelling and compassionate reasons that will prevent, or have prevented, the applicant from having 510 hours of tuition in approved English courses before the later of:

                              (i)  5 years after the applicant’s visa commencement day; or

                             (ii)  the day on which the application is made.

Part 3Citizenship courses

  

10  Persons to whom citizenship courses may be provided

                   For the purposes of section 4E of the Act, a person who has made an application under subsection 21(1) of the Australian Citizenship Act 2007 on the basis that the person may be eligible to become an Australian citizen under subsection 21(2) of that Act is prescribed.

Part 4Application, saving and transitional provisions

  

11  Applications made under the Immigration (Education) Regulations 1992

                   Despite the repeal of the Immigration (Education) Regulations 1992, those regulations continue to apply, as if the repeal had not happened, in relation to an application made under subsection 4C(3) or 4D(3) of the Act before the commencement of this section.


Schedule 1Repeals

  

Immigration (Education) Regulations 1992

1  The whole of the instrument

Repeal the instrument.