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Immigration (Education) (Functional English) Specification 2017

Immigration (Education) Act 1971

I, KAREN ANDREWS, Assistant Minister for Vocational Education and Skills, make this instrument under subsection 3(2) of the Immigration (Education) Act 1971.

Dated   29 May 2017

 

 

KAREN ANDREWS

Assistant Minister for Vocational Education and Skills

 

 

 

 

 

1  Name of instrument

  This instrument is the Immigration (Education) (Functional English) Specification 2017

2  Commencement

  This instrument commences on 1 July 2017.

3  Authority

  This instrument is made under subsection 3(2) of the Immigration (Education) Act 1971.

4  Definition

  In this instrument:

the Act means the Immigration (Education) Act 1971.

5  Revocation

The instrument registered on the Federal Register of Legislation as, IMMI 10/057, also known as Procedures or Standards for Functional English, made on 8 December 2010 (F2010L03242) is revoked.

6  Savings provision

For the avoidance of doubt, if:

 (a) a provider of an approved English course has, prior to the commencement of this instrument, determined in accordance with the standards and procedures specified by IMMI 10/057, that a person has functional English, that determination continues to have effect; and

 (b) any determination made by a provider of an approved English course, after the date of commencement of this instrument, must be made in accordance with the procedures and standards specified in this instrument.

 

 

 

  Procedures or standards for determining that a person has functional English

 For the purposes of the definition of functional English in subsection 3(1) of the Act, I specify that:

(a)  if, in order to be granted a visa, a person has been assessed as                             having functional English:

  (i) in accordance with a test; or

  (ii) following the provision of evidence;

  in the form as may be required from time to time by operation                             of subsection 5(2) of the Migration Act 1958; or

 (b)  where paragraph 7(a) of this instrument does not apply and the person has been assessed as having achieved Level 3 proficiency or above under the Australian Core Skills Framework (as in force or existing from time to time) across each of the core skills of learning, reading, writing and oral communication;

 the person is taken to have functional English.