WARNING:
This Digest is prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments.
This Digest was available from 28 November 1996.
CONTENTS
Immigration (Education) Charge Amendment Bill
1996
Date Introduced: 16 October 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.
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.
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.
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
12 November 1996
Bills Digest Service
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.
PRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
the public.
ISSN 1323-9031
© Commonwealth of Australia 1996
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Published by the Department of the Parliamentary Library,
1996.
This page was prepared by the Parliamentary Library,
Commonwealth of Australia
Last updated: 14 November 1996
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