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Migration Laws Amendment Act (No. 2) 1992

No. 176 of 1992

An Act to amend the Immigration (Education) Act 1971 and the Migration Act 1958, and for related purposes

[Assented to 16 December 1992]

  The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Migration Laws Amendment Act (No. 2) 1992.

Commencement

2.(1) Subject to this section, this Act commences, or is taken to have commenced, on 1 January 1993.

(2) Sections 4, 6 and 7 and Part 3 of this Act commence on 1 March 1993.

37911 Cat. No. 93 3368 3

(3) Parts 4 and 5 of this Act commence on the day on which this Act receives the Royal Assent.

PART 2—AMENDMENT OF THE IMMIGRATION (EDUCATION) ACT 1971

Principal Act

3. In this Part, "Principal Act" means the Immigration (Education) Act 19711.

Interpretation

4. Section 3 of the Principal Act is amended by inserting the following definitions:

" 'approved English course' means an English course provided in accordance with section 4 or 4B;

'Charge Act' means the Immigration (Education) Charge Act 1992;

'exempt entry permit' has the same meaning as in the Charge Act;

'exempt visa' has the same meaning as in the Charge Act;

'stay visa' has the same meaning as in the Charge Act;".

5. After section 4 of the Principal Act the following section is inserted:

Fees for English courses

"4A.(1) The regulations may provide for the charging and recovery of fees, not exceeding $250 per year per student, in respect of English courses provided in accordance with section 4.

  "(2) Regulations for the purposes of subsection (1) must:

     (a) exempt from any fees prescribed under that subsection persons who, at the time of enrolment in the English course, are:

       (i) the holders of a health care card; or

       (ii) registered job seekers; and

     (b) provide that fees are payable on enrolment in the English course.

  "(3) The regulations may do one or both of the following:

   (a)     prescribe different fees in relation to different classes of courses;

     (b)     provide for the refund, reduction or waiving of fees in cases identified in the regulations.

  "(4) In this section:

'health care card' means a card prescribed for the purposes of this section that is issued by the government of the Commonwealth, of a State or of a Territory;

'registered job seeker' means a person prescribed for the purposes of this section who is seeking work.".

6. After section 4A of the Principal Act the following sections are inserted:

English courses

"4B. The Minister is to arrange for English courses to be provided for persons who:

     (a)     have made an application for a stay visa that is covered by