Statutory Rules 1992   No. 4321

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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.