Section 145 — Interpretation — student visas
Text of provision
(1) If the Minister considers that:
(a) the temporary presence in Australia of a non-citizen who is outside Australia is required for the purposes of:
(i) the Extradition Act 1988; or
(ia) the International War Crimes Tribunals Act 1995; or
(ib) the International Criminal Court Act 2002; or
(ii) the Mutual Assistance in Criminal Matters Act 1987; or
(iii) the administration of criminal justice in relation to an offence against a law of the Commonwealth; and
(b) the presence of the non-citizen in Australia for the relevant purposes would not hinder the national interest in any way to such an extent that the non-citizen should not be present in Australia; and
(c) satisfactory arrangements have been made to make sure that the person or organisation who wants the non-citizen for the relevant purposes or the non-citizen or both will meet the cost of bringing the non-citizen to, keeping the non-citizen in, and removing the non-citizen from, Australia; the Minister may give a certificate that the presence of the non-citizen in Australia is required for the administration of criminal justice.
(2) For the purposes of paragraph (1)(c), the cost of keeping the non-citizen in Australia does not include the cost of immigration detention (if any).
Plain English
Section 145 provides definitions for the student visa provisions. Key terms defined or interpreted include "course", "registered provider", "principal course", "overseas student", and the relationship between the Migration Act and the Education Services for Overseas Students Act 2000 (ESOS Act). The ESOS Act establishes the National Code of Practice for Providers of Education and Training to Overseas Students, which is incorporated by reference into the student visa framework.
Practical effect
The interplay between the Migration Act and the ESOS Act is central to student visa compliance. Registered providers (universities, TAFE colleges, private colleges) have obligations under both frameworks. A provider's failure to comply with the ESOS Act can affect their registration status, which in turn affects the visa status of enrolled students. Students should choose CRICOS-registered providers to ensure their enrolment counts toward visa compliance.