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Immigration (Education) Charge Amendment Bill 1996

House: House of Representatives

Portfolio: Immigration and Multicultural Affairs

Commencement: On a day to be fixed by Proclamation. If the Act does not commence within 6 months after the day on which it received Royal Assent, it will commence on the first day thereafter.

Purpose

To amend the Immigration (Education) Charge Act 1992 (the Act):

. so that the Act will no longer apply to visa applications made after the commencement of the Migration (Visa Application) Charge Bill 1996 (expected to be 1 January 1997);

. in respect of migrants to whom the English Education Charge still applies; to raise the statutory ceiling of the charge to $5,500; and

. to provide that the new statutory ceiling applies to visa applicants who, before the commencement of the Migration (Visa Application) Charge Bill 1996, have not received a notice of assessment for the English Education Charge in accordance with subsection 64(3) of the Migration Act 1958.

Background

For a more detailed discussion of the English Education Charge and the associated legislative scheme, please refer to the part of the Digest relating to the Migration Legislation Amendment Bill (No.3) 1996.

Main Provisions

Schedule 1 - Amendment of the Immigration (Education) Charge Act 1992

Items 1 and 2 propose the insertion of paragraphs 5(a) and 5(aa) into the Act , so that the English Education Charge applies to those migrants who:

. made an application between 1 January 1993 and before the commencement of the Migration (Visa Application) Charge Act 1996;and

. have, before the commencement of the Migrant (Visa Application) Charge Act 1996, paid any visa application fee pertaining to the application.

Item 3 proposes the repeal of existing subsection 6(2), which contains the formula for the calculation of the statutory ceiling in relation to regulations prescribing the level of English Education Charge for each financial year. Proposed subsection 6(2) does not contain a formula; rather, it sets a statutory ceiling of $5,500.

Item 4 proposes the repeal of subsection 6(3); this is consequential upon the insertion of subsection 6(2).

Item 5 provides that the increased statutory ceiling of $5,500 will apply to those visa applicants who have not received a notice of assessment for the English Education Charge in accordance with section 64(3) of the Migration Act 1958 by the date of commencement of the Migration (Visa Application) Charge Act 1996.

Elen Perdikogiannis Ph. 06 277 2699

Bills Digest Service

12 November 1996

Parliamentary Research Service

This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.

Published by the Department of the Parliamentary Library, 1996.