[pic] Immigration (Education) Charge Act 1992 Act No. 177 of 1992 as amended This compilation was prepared on 19 April 2011 taking into account amendments up to Act No. 5 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Short title [see Note 1] 1 2 Commencement 1 3 Interpretation 1 4 Act to extend to certain Territories 2 5 Imposition of English Education Charge 2 6 Amount of English Education Charge 3 7 Exemptions from English Education Charge 4 8 Applicant to pay charge 4 9 Delegation 4 10 Regulations 5 Notes 7 An Act to impose a charge on applications for certain visas and entry permits by certain persons needing instruction in the English language 1 Short title [see Note 1] This Act may be cited as the Immigration (Education) Charge Act 1992. 2 Commencement This Act commences on 1 March 1993. 3 Interpretation (1) In this Act, unless the contrary intention appears, an expression defined for the purposes of the Migration Act 1958 has the same meaning as in that Act. (2) In this Act, unless the contrary intention appears: English Education Charge means the charge imposed by section 5. exempt entry permit means: (a) an entry permit, a criterion for the grant of which is that the Minister is satisfied that: (i) permanent settlement in Australia is the appropriate course for the applicant; and (ii) such settlement would not be contrary to the interests of Australia; or (b) an entry permit 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; or (c) an entry permit prescribed for the purposes of this definition. exempt visa means: (a) a visa, a criterion for the grant of which is that the Minister is satisfied that: (i) permanent settlement in Australia is the appropriate course for the applicant; and (ii) such settlement would not be contrary to the interests of Australia; or (b) 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; or (c) a visa prescribed for the purposes of this definition. Finance Department means the Department administered by the Minister administering the Financial Management and Accountability Act 1997. permanent resident means a person who is usually resident in Australia and whose continued lawful presence in Australia is not subject to a limitation as to time imposed by law. stay visa means: (a) a permanent entry permit within the meaning of the Migration Act 1958 as in force immediately before 1 September 1994; or (b) a permanent visa. 4 Act to extend to certain Territories This Act extends to the Territories to which the Migration Act 1958 extends. 5 Imposition of English Education Charge English Education Charge is imposed in respect of an application by a non-citizen if: (a) the application is for a stay visa and is made on or after 1 January 1993 and before the commencement of the Migration (Visa Application) Charge Act 1997; and (aa) any visa application fee payable in relation to the application has been paid before the commencement of the Migration (Visa Application) Charge Act 1997; and (b) the Minister has given the applicant a notice including: (i) a statement of the kind mentioned in paragraph 24(3)(ab) of the Migration Act 1958 as in force immediately before 1 September 1994 or a notice under paragraph 24(6)(aa) or 34(3)(aa) of that Act as in force at that time; or (ii) a notice including a statement of the kind mentioned in subsection 26ZEA(3) of the Migration Act 1958; and (c) the applicant is not exempt from the charge in respect of the application because of section 7. 6 Amount of English Education Charge (1) Subject to this section, the amount of English Education Charge in respect of an application is the amount, not exceeding the applicable charge limit, prescribed in relation to the class of applicants of which the applicant is a member. (2) The applicable charge limit in relation to an application made during a financial year starting on or after 1 July 1995 is, subject to subsection (3), the amount worked out under the formula: [pic] where: new CGFCE number means the number worked out as follows: (a) take the first set of Commonwealth Government Final Consumption Expenditure Implicit Price Deflators to be issued by the Finance Department after 1 January in the previous financial year; (b) find the number that relates to the period ending on 31 December in the previous financial year; (c) that number is the new CGFCE number. base CGFCE number means the number worked out as follows: (a) take the first set of Commonwealth Government Final Consumption Expenditure Implicit Price Deflators to be issued by the Finance Department after 1 January in the previous financial year; (b) find the number that relates to the period ending on 31 December 1993; (c) that number is the base CGFCE number. (3) If an amount worked out under the formula in subsection (2) is not a multiple of $5, the amount is to be rounded as follows: (a) if the amount exceeds the nearest lower multiple of $5 by $2.50 or more-round the amount up to the nearest higher multiple of $5; (b) in any other case-round the amount down to the nearest lower multiple of $5. 7 Exemptions from English Education Charge (1) English Education Charge is not payable: (a) in respect of an application for an exempt visa; or (b) in respect of an application for an exempt entry permit. (2) English Education Charge is not payable: (a) in respect of an application if the applicant withdraws the application before the charge is paid; or (b) in respect of an application by a person who has previously paid the charge in respect of another application for a visa or entry permit and has not received a refund of the payment; or (c) in respect of an application by a person who is a permanent resident at the time of the application. 8 Applicant to pay charge English Education Charge in respect of an application is payable by the applicant. 9 Delegation The Minister may, by signed instrument, delegate any or all of his or her powers under this Act to an officer of the Department. 10 Regulations The Governor-General may make regulations prescribing matters: (a) required or permitted to be prescribed by this Act; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. Notes to the Immigration (Education) Charge Act 1992 Note 1 The Immigration (Education) Charge Act 1992 as shown in this compilation comprises Act No. 177, 1992 amended as indicated in the Tables below. For relevant information pertaining to application, saving or transitional provisions see Table A. Table of Acts |Act |Number |Date |Date of |Applicat| | |and year|of Assent|commencemen|ion, | | | | |t |saving | | | | | |or | | | | | |transiti| | | | | |onal | | | | | |provisio| | | | | |ns | |Immigration |177, |16 Dec |1 Mar 1993 | | |(Education) |1992 |1992 | | | |Charge Act 1992 | | | | | |Migration |60, 1994|9 Apr |S. 85: (a) |- | |Legislation | |1994 | | | |Amendment Act | | | | | |1994 | | | | | |Immigration |113, |29 Sept |1 Nov 1995 |S. 3(2) | |(Education) |1995 |1995 |(see | | |Charge Amendment| | |Gazette | | |Act 1995 | | |1995, No. | | | | | |GN43) | | |Migration |27, 1997|10 Apr |Schedule 1 |Sch. 1 | |Legislation | |1997 |(items 18, |(items 2| |Amendment Act | | |19, 29, |9, 30) | |(No. 1) 1997 | | |30): 1 May | | | | | |1997 (see | | | | | |Gazette | | | | | |1997, No. | | | | | |S168) (b) | | |Statute Law |5, 2011 |22 Mar |Schedule 6 |- | |Revision Act | |2011 |(items | | |2011 | | |48-50): 19 | | | | | |Apr 2011 | | (a) The Immigration (Education) Charge Act 1992 was amended by section 85 only of the Migration Legislation Amendment Act 1994, subsection 2(3) of which provides as follows: (3) The remaining provisions of this Act commence immediately after the commencement of section 3 of the Migration Reform Act 1992. Section 3 commenced on 1 September 1994. (b) The Immigration (Education) Charge Act 1992 was amended by Schedule 1 (items 18 and 19) only of the Migration Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which provides as follows: (1) Schedule 1 commences on a day to be fixed by Proclamation. Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |S. 3 |am. No. 60, 1994; No. 5, 2011 | |S. 5 |am. No. 60, 1994 | |S. 6 |am. No. 113, 1995; No. 5, 2011 | Table A Application, saving or transitional provisions Immigration (Education) Charge Amendment Act 1995 (No. 113, 1995) 3 Amount of English Eduction Charge (2) The amendments made by subsection (1) apply to applications made on or after the day on which this section commences. Immigration (Education) Charge Act 1992 (No. 27, 1997) Schedule 1 29 Application (1) The amendment made by item 13 of this Schedule applies in relation to applications whether made before, at or after the commencement of this item. (2) The remaining amendments of the Immigration (Education) Act 1971 and the Migration Act 1958 made by this Schedule apply in relation to applications for visas made at or after the commencement of the Migration (Visa Application) Charge Act 1997. Note: Under item 30, some applications that are made before the commencement of the Migration (Visa Application) Charge Act 1997 are taken to be made immediately after that time. 30 Transitional If: (a) an application for a visa is made before the commencement of the Migration (Visa Application) Charge Act 1997; and (b) a visa application fee, or part of a visa application fee, payable under the Migration Act 1958 in respect of the application has not been paid at that time; then, for the purposes of the Immigration (Education) Act 1971, the Migration (Health Services) Charge Act 1991 and sections 45A, 45B and 45C of the Migration Act 1958, the application is taken to have been made immediately after the commencement of the Migration (Visa Application) Charge Act 1997.