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Immigration (Education) Charge Amendment Bill 1994

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House: House of Representatives

Portfolio: Immigration and Ethnic Affairs

Commencement: 1 July 1995.


To enable the automatic indexation of the English Education Charge payable under the Immigration (Education) Charge Act 1992 (the Principle Act).


A charge, the English Education Charge, is imposed by the Principal Act in respect of applications by non- citizens for a stay visa (the term "stay visa" is defined to mean a permanent entry permit, or a visa that allows the person to remain permanently in Australia) made on or after 1 January 1993 where the Minister has given the applicant a notice that the applicant is 18 or over and does not have functional English. The Principal Act specifies a number of situations where an applicant is exempt from the charge, including where:

the application is in respect of an exempt visa or entry permit (i.e. an entry permit subject to the criterion that permanent settlement is the appropriate course for the applicant and is not contrary to the interests of Australia; an entry permit for a person who is the spouse, dependent child or aged parent of an Australian citizen or a permanent resident; or an entry permit in a prescribed class); or

the applicant is a permanent resident.

Section 6 of the Principal Act provides that the rate of the charge is a prescribed amount up to a maximum of $4080. The operative rates of charge are set out in the Immigration (Education) Charge Regulations.( See Statutory Rules 1993 No. 30, as amended by Statutory Rules 1993 No. 255 .)

Main Provisions

Clause 3 provides for the indexation of the charge and sets out the relevant formula. The proposed formula is based on the Commonwealth Government Final Consumption Expenditure Implicit Price Deflators issued by the Department of Finance. The proposed amendments will apply to application made on or after 1 July 1995.

Ian Ireland (062772438)

Bills Digest Service 7 February 1995

Parliamentary Research Service

This Digest does not have any official legal status. Other sources should be consulted to determine whether the Bill has been enacted and, if so, whether the subsequent Act reflects further amendments.

Commonwealth of Australia 1995.

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Published by the Department of the Parliamentary Library, 1995.