An Act relating to the provision of certain Courses of Instruction for Immigrants and certain other Persons
Part 1—Preliminary
1 Short title
This Act may be cited as the Immigration (Education) Act 1971.
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
(1) In this Act, unless the contrary intention appears:
approved course means an English course provided under section 4 or a citizenship course provided under section 4E.
approved English course means an English course provided under section 4.
capital equipment of an educational nature includes audiovisual equipment, computers and specialised electronic equipment, but does not include any kind of building.
child of a person has the same meaning as in the Migration Act.
citizenship course means a course of instruction designed to impart an understanding of ways of life in Australia and of the rights and duties of an Australian citizen.
eligible has the meaning given by section 4A.
English course means a course of instruction in the English language.
Migration Act means the Migration Act 1958.
parent of a person has the same meaning as in the Migration Act.
permanent entry permit has the same meaning as in the Migration Act as in force immediately before the commencement of section 3 of the Migration Reform Act 1992.
permanent visa has the same meaning as in the Migration Act.
Secretary means the Secretary of the Department.
teaching and learning materials includes printed materials, audio materials, materials in digital form, educational software, visual aids and audiovisual aids.
temporary visa has the same meaning as in the Migration Act.
visa commencement day, in relation to a person, means the earlier of the following days:
(a) the first day the person was in Australia on or after the day when a permanent visa held by the person came into effect;
(b) 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.
vocational English: a person has vocational English if the provider of an approved English course determines, in accordance with any procedures or standards specified by the Minister under subsection (2), that the person has vocational English.
Vocational English
(2) 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).
(3) 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:
(a) as in force or existing at a particular time; or
(b) as in force or existing from time to time.
Part 2—English courses
4 English courses
(1) The Minister may provide, or arrange the provision of, English courses to:
(a) eligible persons, while they are eligible; or
(b) persons who are outside Australia and hold, or have applied for, either:
(i) a permanent visa; or
(ii) a temporary visa of a class specified in a legislative instrument made by the Minister.
(2) The Minister may, by legislative instrument, make a determination specifying a class of temporary visa for the purposes of subparagraph (1)(b)(ii).
4A Eligibility for English courses
(1) A person is eligible for the purposes of this Act if he or she:
(a) is in Australia and:
(i) holds a permanent visa; or
(ii) holds a temporary visa of a class specified in a legislative instrument made by the Minister for the purposes of this subparagraph; or
(iii) previously held a permanent entry permit or a permanent visa and has become an Australian citizen; or
(iv) 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
(b) does not have vocational English; and
(c) is not ineligible under section 4C or 4D.
(2) The Minister may, by legislative instrument, make a determination specifying a class of temporary visa for the purposes of subparagraph (1)(a)(ii).
4B Obligation to provide tuition in an English course
(1) 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:
(a) holds a permanent visa; and
(b) 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
(c) has paid, or is exempt from paying, visa application charge under section 45A of the Migration Act for the permanent visa; and
(d) did not, at any time before the permanent visa came into effect, hold another permanent visa while in Australia; and
(e) is not excluded from the application of this section by the regulations.
(3) This section does not limit section 4.
4C Ineligibility for English courses—time limits for registration or commencement
Scope
(1) This section applies to a person who would (apart from this section) be eligible, if:
(a) he or she has ever held a permanent visa; or
(b) he or she has ever held a temporary visa of a class mentioned in subparagraph 4A(1)(a)(ii).
(1A) However, this section does not apply to a person whose visa commencement day is on or before 1 October 2020.
Time limits
(2) The person stops being eligible:
(a) if he or she fails to register with the provider of an approved English course within:
(i) 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
(ii) 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
(b) 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.
Extension of time
(3) The person may apply to the Secretary for an extension of a period mentioned in subsection (2) (the subsection (2) period).
(4) An application under subsection (3) for an extension of a subsection (2) period:
(a) must be made in the manner, and within the period, prescribed by the regulations; and
(b) subject to paragraph (a), may be made before or after the end of the subsection (2) period.
(5) 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.
(6) In making a decision under subsection (5), the Secretary:
(a) must have regard to the matters prescribed by the regulations; and
(b) must not have regard to any other matter.
4D Ineligibility for English courses—time limit on tuition
Scope
(1) This section applies to a person who would (apart from this section) be eligible, if:
(a) he or she has ever held a permanent visa; or
(b) he or she has ever held a temporary visa of a class mentioned in subparagraph 4A(1)(a)(ii).
(1A) However, this section does not apply to a person whose visa commencement day is on or before 1 October 2020.
Time limit
(2) The person stops being eligible at the end of the period of 5 years starting on his or her visa commencement day.
Extension of time
(3) The person may apply to the Secretary for an extension of the period mentioned in subsection (2) (the subsection (2) period).
(4) An application under subsection (3) for an extension of the subsection (2) period:
(a) must be made in the manner, and within the period, prescribed by the regulations; and
(b) subject to paragraph (a), may be made before or after the end of the subsection (2) period.
(5) 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.
(6) In making a decision under subsection (5), the Secretary:
(a) must have regard to the matters prescribed by the regulations; and
(b) must not have regard to any other matter.
Part 3—Citizenship courses
4E Citizenship courses
The Minister may arrange for citizenship courses to be provided inside or outside Australia to persons prescribed by the regulations.
Part 4—Implementation
5 Provision of teaching and learning materials
The Minister may arrange for the purchase or production of, and the distribution of, teaching and learning materials for use in approved courses.
7 Training courses for teachers
(1) The Minister may arrange for the provision of training courses for teachers who are engaged, or intend to engage, in giving approved courses.
(2) 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.
(3) In this section:
employer includes the Government of a State or Territory.
salary includes an allowance in the nature of a travelling allowance.
8 Research projects
The Minister may arrange for the conduct of research projects designed to improve the form or content of approved courses.
9 Payments under arrangements etc.
(1) An arrangement under this Act may make provision for, or in relation to, the making of payments by the Commonwealth to another party to the arrangement in connexion with matters to which the arrangement relates.
(2) Without limiting the generality of subsection (1), an arrangement under section 4 or 4E for the provision of approved courses may make provision for, or in relation to, the payment by the Commonwealth of the whole or a part of:
(a) the cost of salaries and fees of teaching staff engaged in the giving of the courses; and
(b) administrative costs (including the salaries of administrative staff) incurred in connexion with the courses; and
(c) the cost of capital equipment of an educational nature to be used in the courses; and
(d) the cost of teaching and learning materials (other than materials provided under section 5) to be used in the courses; and
(e) the cost of student support services.
(3) An arrangement under section 4 or 4E for the provision of approved courses may make provision for the Commonwealth to supply to the course provider, whether as a gift or otherwise, capital equipment of an educational nature to be used in the courses.
9A Services for non‑government organisations
The Minister may arrange to provide language training and related services to or for a non‑government organisation or non‑government body.
Part 5—Miscellaneous
10 Delegation by the Minister
(1) The Minister may, by instrument in writing, delegate to a person appointed or engaged under the Public Service Act 1999, either generally or otherwise as provided in the instrument of delegation, all or any of his or her powers or functions under this Act, except this power of delegation.
(2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister.
10A Delegation by the Secretary
The Secretary may, by signed instrument, delegate any or all of his or her powers under this Act to an officer of the Department.
11 Expenditure to be made from appropriations
Expenditure by the Commonwealth for the purposes of this Act shall be made out of moneys appropriated by the Parliament for those purposes.
12 Annual reports by the Minister
The Minister shall, as soon as practicable after 30th June in each year, cause to be laid before each House of the Parliament a report on the operation of this Act during the year ended on that date, including particulars of expenditure by the Commonwealth for the purposes of this Act during that year.
13 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
