Commonwealth of Australia

Migration Regulations 1994

TYPES OF COURSES FOR STUDENT VISAS

(SUBREGULATION 1.40A(1)

I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under subregulation 1.40A(1) of the Migration Regulations 1994 (‘the Regulations’):

1. REVOKE Legislative Instrument IMMI 10/069 signed on 17 November 2010, specifying types of courses for the purposes of regulation 1.40A of the Regulations; AND

2.                   SPECIFY, for the purposes of regulation 1.40A(1), the types of courses set out in Schedule 1 to this instrument for the corresponding visa subclass set out in that Schedule.

This Instrument, number IMMI 12/037, commences on 24 March 2012, immediately after the commencement of Migration Legislation Amendment Regulation 2012 (No. 1)

Dated 21 March 2012

CHRIS BOWEN

Minister for Immigration and Citizenship

[NOTE 1: Subregulation 1.40A(1) provides that the Minister must specify by instrument in writing the types of courses for each subclass of student visa, except Subclass 576 (AusAID or Defence Sector).

NOTE 2: Subregulation 1.40A(2) provides that the Minister is not required to specify a course if the subclass of student visa is Subclass 576 (AusAID or Defence Sector); or the course would be undertaken by (i) an applicant for a Subclass 573 (Higher Education Sector) visa who would be an eligible higher degree student within the meaning of Part 573 of Schedule 2; or (ii) an applicant for a Subclass 574 (Postgraduate Research Sector) visa who would be an eligible higher degree student within the meaning of Part 574 of Schedule 2; or (iii) an applicant for a Subclass 575 (Non-Award Sector) visa who would be an eligible university exchange student within the meaning of Part 575 of Schedule 2.

NOTE 3: “Student visa” is defined in regulation 1.03 of the Regulations and means any of the following subclasses of a visa: (a) a Subclass 570 (Independent and ELICOS Sector) visa; (b) a Subclass 571(Schools Sector) visa; (c) a Subclass 572 (Vocation Education and Training Sector) visa; (d) a Subclass 573 (Higher Education Sector) visa;  (e) a Subclass 574 (Postgraduate Research Sector) visa; (f) a Subclass 575 (Non-Award Sector) visa; (g) a Subclass 576 (AUSAID or Defence Sector) visa.]

Schedule 1