IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) 1995 NO. 265 

IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT) 1995 NO. 265 
- TABLE OF PROVISIONS

1.  Commencement  
2.  Amendment  
3.  Regulation 3 (Interpretation)  
4.  Regulation 5 (Exempt visas)  
5.  Schedule (Amounts of English Education Charge)  


1995 No. 265 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT)
- REG 1
1. Commencement


  1.1 These Regulations commence on 1 November 1995.


1995 No. 265 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT)
- REG 2
2. Amendment


  2.1 The Immigration (Education) Charge Regulations are amended as set out in
these Regulations.


1995 No. 265 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT)
- REG 3
3. Regulation 3 (Interpretation)


  3.1 Subregulation 3 (1):
Insert:
  "'Migration Act' means the Migration Act 1958;
  'religious institution' means a body of persons (whether incorporated or
unincorporated) the income of which is exempt from income tax under paragraph
23 (e) of the Income Tax Assessment Act 1936;
  'religious position' means a position:
  (a) the duties of which are primarily religious; or
  (b) the performance of duties of which require religious training;".


1995 No. 265 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT)
- REG 4
4. Regulation 5 (Exempt visas)


  4.1 Paragraph 5 (1) (c):
Omit " subregulation (3)", insert "subregulations (3) and (4)".

  4.2 Add at the end:
  "(4) For the purposes of paragraph (1) (c) the following visas are
specified:
  (a) an Employer Nomination (Migrant) (Class AN) visa, as mentioned in the
Migration Regulations, applied for, in relation to a religious position, by:
    (i) a person (a 'religious worker'):
      (A) who is nominated by a religious institution; and
      (B) who satisfies the primary criteria set out in Part 121 of
Schedule 2 to the Migration Regulations; and
      (C) to whose application subregulation (5) applies; or
    (ii) a person who:
      (A) is a member of the family unit of a religious worker; and
      (B) satisfies the secondary criteria set out in Part 121 of
Schedule 2 to the Migration Regulations; and
      (C) made a combined application with that religious worker;
  (b) a Transitional (Permanent) visa, as mentioned in the Migration Reform
(Transitional Provisions) Regulations, the application for which is
constituted by an application made before 1 September 1994 for a Class 121
(employer nomination) visa, in relation to a religious position, by:
    (i) a person (a 'religious worker'):
      (A) who is nominated by a religious institution; and
      (B) who satisfies the criteria for the grant to the person, as a
primary person, of a Class 121 visa under the Migration (1993) Regulations;
and
      (C) to whose application subregulation (5) applies; or
    (ii) a person who:
      (A) is a member of the family unit of a religious worker; and
      (B) satisfies the criteria for the grant to the person, as a
secondary person, of a Class 121 visa under the Migration (1993) Regulations;
and
      (C) made a combined application with that religious worker.
  "(5) This subregulation applies to an application if:
  (a) the application is lodged on or after 1 November 1995; or
  (b) the application was lodged before 1 November 1995 but:
    (i) that application is not finally determined, within the meaning
of subsection 5 (9) of the Migration Act, immediately before that date; and
    (ii) English Education Charge in respect of the application has
not been paid.".


1995 No. 265 IMMIGRATION (EDUCATION) CHARGE REGULATIONS (AMENDMENT)
- REG 5
5. Schedule (Amounts of English Education Charge)


  5.1 Item 104:
After "(Class AN)", insert "(other than a visa referred to in paragraph 5 (4)
        (a))".

  5.2 Item 203:
After "(employer nomination)", insert "(other than a visa referred to in
paragraph 5 (4) (b))".


- NOTES


1995 No. 265*1* IMMIGRATION (EDUCATION) CHARGE REGULATIONS*2* (AMENDMENT)

- Dated 5 September 1995


*1* Notified in the Commonwealth of Australia Gazette on 12 September 1995.
*2* Statutory Rules 1993 No. 30 as amended by 1993 No. 254; 1994 Nos. 12 and
263; 1995 Nos. 39 and 118.