IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) 1996 NO. 213 - TABLE OF PROVISIONS [THESE REGULATIONS WERE DISALLOWED BY THE SENATE ON 7 NOVEMBER 1996] 1. Commencement 2. Amendment 3. Regulation 5 (Exempt visas) 4. Regulation 6 (Prescribed amounts - section 6 of the Act) 5. Schedule (Amounts of English Education Charge) [THESE REGULATIONS WERE DISALLOWED BY THE SENATE ON 7 NOVEMBER 1996] 1996 No. 213 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) - REG 1 1. Commencement 1.1 These Regulations commence on 1 October 1996. 1996 No. 213 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) - REG 2 2. Amendment 2.1 The Immigration (Education) Charge Regulations are amended as set out in these Regulations. 1996 No. 213 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) - REG 3 3. Regulation 5 (Exempt visas) 3.1 Subparagraph 5 (1) (a) (ia): Omit the subparagraph. 3.2 Subparagraph 5 (1) (a) (ib): Omit "Interdependent", substitute "Interdependency". 3.3 Subparagraphs 5 (1) (a) (vi), (ixa) and (ixb): Omit the subparagraphs. 3.4 Subparagraphs 5 (2) (a) (ii) and (xi): Omit the subparagraphs. 3.5 Paragraph 5 (4) (a): After "(Class AN)", insert "or General (Residence) (Class AS)". 3.6 Sub-subparagraph 5 (4) (a) (i) (B): Omit "Part 121", insert "Part 121 or Part 805". 3.7 Sub-subparagraph 5 (4) (a) (ii) (B): Omit "Part 121", insert "Part 121 or Part 805". 3.8 Paragraph 5 (4) (b): Omit "Class 121 (employer nomination) visa,", insert "Class 121 (employer nomination) visa, or a Class 805 (skilled occupation) entry permit,". 3.9 Sub-subparagraph 5 (4) (b) (i) (B): Omit "visa", substitute "visa, or a Class 805 (skilled occupation) entry permit,". 3.10 Sub-subparagraph 5 (4) (b) (ii) (B): Omit "visa", substitute "visa, or a Class 805 (skilled occupation) entry permit,". 1996 No. 213 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) - REG 4 4. Regulation 6 (Prescribed amounts - section 6 of the Act) 4.1 Omit the regulation, substitute: Prescribed amounts - section 6 of the Act "6. (1) For the purposes of section 6 of the Act, the amount prescribed in respect of an application of the following kinds is $4,080: (a) an application made before 1 October 1993: (i) for a transitional (permanent) visa the application for which is constituted, by operation of regulation 22 or 23 of the Migration Reform (Transitional Provisions) Regulations, by an application for an entry permit of a class provided for by the Migration (1993) Regulations that is specified in Part 1 of the Schedule; or (ii) for a visa of a class provided for by those Regulations that is specified in Part 1 of the Schedule; (b) an application made during the period from 1 October 1993 to 31 August 1994 (inclusive): (i) for a transitional (permanent) visa the application for which is constituted, by operation of regulation 22 or 23 of the Migration Reform (Transitional Provisions) Regulations, by an application for an entry permit of a class provided for by the Migration (1993) Regulations that is specified in Part 2 of the Schedule; or (ii) for a visa of a class provided for by those Regulations that is specified in Part 2 of the Schedule. "(2) For the purposes of section 6 of the Act, the amount prescribed in respect of an application for a visa of a class provided for by the Migration Regulations (other than an exempt visa) that is specified in Part 3 of the Schedule is: (a) if the application was made during the period from 1 September 1994 to 30 June 1995 (inclusive) - $4,080; and (b) if the application was made on or after 1 July 1995 - $4,405.". 1996 No. 213 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) - REG 5 5. Schedule (Amounts of English Education Charge) 5.1 Omit the Schedule, substitute: "SCHEDULE Regulation 6 CLASSES OF APPLICANTS LIABLE TO PAY CHARGE PART 1 - VISAS AND ENTRY PERMITS APPLIED FOR BEFORE 1 OCTOBER 1993 Class 105 (concessional family) Class 126 (independent entrant) PART 2 - VISAS AND ENTRY PERMITS APPLIED FOR DURING THE PERIOD FROM 1 OCTOBER 1993 TO 31 AUGUST 1994 (INCLUSIVE) Class 105 (concessional family) Class 120 (labour agreement) Class 121 (employer nomination) Class 124 (distinguished talent (Australian support)) Class 125 (distinguished talent and special service (independent)) Class 126 (independent entrant) Class 127 (business skills) Class 128 (business skills (senior executive)) Class 129 (State/Territory sponsored business skills) Class 130 (State/Territory sponsored business skills (senior executive)) Class 150 (former citizen) Class 151 (former resident) Class 152 (family reunion (NZ citizen)) Class 805 (skilled occupation) Class 818 (highly qualified on-shore (permanent)) PART 3 - VISAS APPLIED FOR ON OR AFTER 1 SEPTEMBER 1994 Business Skills (Migrant) (Class AD) Business Skills (Residence) (Class BH) Change in Circumstance (Residence) (Class AG)* Concessional Family (Migrant) (Class AJ) Distinguished Talent (Migrant) (Class AL) Employer Nomination (Migrant) (Class AN) Family of NZ Citizen (Migrant) (Class AP) Family Residence (Class AO)* Former Citizen (Migrant) (Class AQ) Former Resident (Migrant) (Class AR) General Residence (Class AS)* Independent (Migrant) (Class AT) Labour Agreement (Migrant) (Class AU) (* NOTE: Paragraph (b) of the definition of 'exempt visa' in subsection 3 (2) of the Act provides that a visa applied for by a person on the ground that he or she is the spouse, dependent child or aged parent of: (i) an Australian citizen; or (ii) a permanent resident; is an exempt visa.)". - NOTES 1996 No. 213*1* IMMIGRATION (EDUCATION) CHARGE REGULATIONS*2* (AMENDMENT) These Regulations were disallowed by the Senate on 7 November 1996 - Dated 25 September 1996 *1* Notified in the Commonwealth of Australia Gazette on 30 September 1996. *2* Statutory Rules 1993 No. 30 as amended by 1993 No. 254; 1994 Nos. 12 and 263; 1995 Nos. 39, 118, 265 and 304; 1996 No. 107.