Bills Digest 55 1996-97
Immigration (Education) Charge Amendment Bill 1996
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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