Immigration (Education) Act 1971

In this Act, unless the contrary intention appears:

the first day the person was in Australia on or after the day when a permanent visa held by the person came into effect;

the first day the person was in Australia on or after the day when a temporary visa of a class mentioned in subparagraph 4A(1)(a)(ii) held by the person came into effect.

The Minister may, by legislative instrument, make a determination specifying procedures or standards for the purposes of the definition of vocational English in subsection (1).

An instrument made under subsection (2) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing:

as in force or existing at a particular time; or

as in force or existing from time to time.

The Minister may provide, or arrange the provision of, English courses to:

eligible persons, while they are eligible; or

persons who are outside Australia and hold, or have applied for, either:

a permanent visa; or

a temporary visa of a class specified in a legislative instrument made by the Minister.

The Minister may, by legislative instrument, make a determination specifying a class of temporary visa for the purposes of subparagraph (1)(b)(ii).

A person is eligible for the purposes of this Act if he or she:

is in Australia and:

holds a permanent visa; or

holds a temporary visa of a class specified in a legislative instrument made by the Minister for the purposes of this subparagraph; or

previously held a permanent entry permit or a permanent visa and has become an Australian citizen; or

is aged under 18 years and has at least one parent who has held or holds a permanent entry permit or a permanent visa; and

does not have vocational English; and

is not ineligible under section 4C or 4D.

The Minister may, by legislative instrument, make a determination specifying a class of temporary visa for the purposes of subparagraph (1)(a)(ii).

The Minister must provide, or arrange the provision of, tuition in an approved English course to an eligible person, while he or she is eligible, if the person:

holds a permanent visa; and

was aged at least 18 years on the first day the person was in Australia on or after the day when the permanent visa came into effect; and

has paid, or is exempt from paying, visa application charge under section 45A of the Migration Act for the permanent visa; and

did not, at any time before the permanent visa came into effect, hold another permanent visa while in Australia; and

is not excluded from the application of this section by the regulations.

This section does not limit section 4.

This section applies to a person who would (apart from this section) be eligible, if:

he or she has ever held a permanent visa; or

he or she has ever held a temporary visa of a class mentioned in subparagraph 4A(1)(a)(ii).

However, this section does not apply to a person whose visa commencement day is on or before 1 October 2020.

The person stops being eligible:

if he or she fails to register with the provider of an approved English course within:

if he or she was aged under 18 years on his or her visa commencement day—the period of 12 months starting on that day; or

if he or she was aged 18 years or over on his or her visa commencement day—the period of 6 months starting on that day; or

if he or she fails to start an approved English course within the period of 12 months starting on his or her visa commencement day.

The person may apply to the Secretary for an extension of a period mentioned in subsection (2) (the subsection (2) period).

An application under subsection (3) for an extension of a subsection (2) period:

must be made in the manner, and within the period, prescribed by the regulations; and

subject to paragraph (a), may be made before or after the end of the subsection (2) period.

On an application under this section, if the Secretary is satisfied that it was, or would be, unreasonable for the applicant to stop being eligible under subsection (2), the Secretary may extend the subsection (2) period by a specified period.

In making a decision under subsection (5), the Secretary:

must have regard to the matters prescribed by the regulations; and

must not have regard to any other matter.

This section applies to a person who would (apart from this section) be eligible, if:

he or she has ever held a permanent visa; or

he or she has ever held a temporary visa of a class mentioned in subparagraph 4A(1)(a)(ii).

However, this section does not apply to a person whose visa commencement day is on or before 1 October 2020.

The person stops being eligible at the end of the period of 5 years starting on his or her visa commencement day.

The person may apply to the Secretary for an extension of the period mentioned in subsection (2) (the subsection (2) period).

An application under subsection (3) for an extension of the subsection (2) period:

must be made in the manner, and within the period, prescribed by the regulations; and

subject to paragraph (a), may be made before or after the end of the subsection (2) period.

On an application under this section, if the Secretary is satisfied that, for compelling and compassionate reasons, the applicant should not stop, or should not have stopped, being eligible under subsection (2), the Secretary may extend the subsection (2) period by a specified period.

In making a decision under subsection (5), the Secretary:

must have regard to the matters prescribed by the regulations; and

must not have regard to any other matter.

The Minister may arrange for the provision of training courses for teachers who are engaged, or intend to engage, in giving approved courses.

Where a teacher attending a training course referred to in subsection (1) is paid salary by his or her employer for the whole or a part of the period of his or her attendance, the Minister may authorize the payment to the employer of the whole or a part of the cost of the salary so paid.

In this section: