IMMIGRATION (EDUCATION) ACT 1971

This compilation was prepared on 1 January 2011
taking into account amendments up to Act No. 112 of 2010

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

Part 1--Preliminary 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Interpretation ...................................................................................... 1

Part 2--English courses 3

4............ English courses ................................................................................... 3

4A......... Eligibility for English courses ............................................................. 3

4B......... Obligation to provide 510 hours of tuition in an English course ........ 3

4C......... Ineligibility for English courses--time limits for registration or commencement 4

4D......... Ineligibility for English courses--time limit on tuition ...................... 5

Part 3--Citizenship courses 7

4E.......... Citizenship courses ............................................................................ 7

Part 4--Implementation 8

5............ Provision of teaching and learning materials ....................................... 8

7............ Training courses for teachers .............................................................. 8

8............ Research projects ................................................................................ 8

9............ Payments under arrangements etc. ..................................................... 8

9A......... Services for non‑government organisations ........................................ 9

Part 5--Miscellaneous 10

10.......... Delegation by the Minister ............................................................... 10

10A....... Delegation by the Secretary .............................................................. 10

11.......... Expenditure to be made from appropriations ................................... 10

12.......... Annual reports by the Minister ....................................................... 10

13.......... Regulations ....................................................................................... 10

Notes 13

An Act relating to the provision of certain Courses of Instruction for Immigrants and certain other Persons

Notes to the Immigration (Education) Act 1971

Note 1

The Immigration (Education) Act 1971 as shown in this compilation comprises Act No. 3, 1971 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 10 April 1997 is not included in this compilation. For subsequent information see Table A.

The Immigration (Education) Act 1971 was affected by the Migration Legislation Amendment Act (No. 5) 1995 see Table B.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Immigration (Education) Act 1971	3, 1971	12 Mar 1971	12 Mar 1971
Immigration (Education) Act 1973	110, 1973	12 Oct 1973	12 Oct 1973	--
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	Ss. 9(1) and 10
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986	76, 1986	24 June 1986	S. 3: Royal Assent (a)	S. 9
Immigration (Education) Amendment Act 1991	35, 1991	21 Mar 1991	21 Mar 1991	--
Migration Laws Amendment Act (No. 2) 1992	176, 1992	16 Dec 1992	Ss. 1‑3 and 5: 1 Jan 1993 Ss. 4, 6, 7 and Part 3 (ss. 8-11): 1 Mar 1993 Remainder: Royal Assent	--
Migration Legislation Amendment Act 1994	60, 1994	9 Apr 1994	S. 85: (b)	--
Migration Legislation Amendment Act (No. 1) 1995	110, 1995	29 Sept 1995	S. 4: 1 Nov 1995 (see Gazette 1995, No. GN43) Remainder: Royal Assent	S. 9
Migration Legislation Amendment Act (No. 1) 1997	27, 1997	10 Apr 1997	Schedule 1: 1 May 1997 (see Gazette 1997, No. S168) Remainder: Royal Assent	Sch. 1 (items 29, 30) [see Table A]
Migration Legislation Amendment Act (No. 1) 1998	113, 1998	11 Dec 1998	Schedule 8 (item 1) 1 May 1997 (see Gazette 1997, No. S168) (c)	--
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (item 524): 5 Dec 1999 (see Gazette 1999, No. S584) (d)	--
Australian Citizenship (Transitionals and Consequentials) Act 2007	21, 2007	15 Mar 2007	Schedules 1-3: 1 July 2007 (see s. 2(1) and F2007L01653) Remainder: Royal Assent	Sch. 3 (items 14, 21) [see Table A]
Statute Law Revision Act 2008	73, 2008	3 July 2008	Schedule 4 (item 333): 4 July 2008	--
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008	144, 2008	9 Dec 2008	Schedule 10 (items 77, 78): 1 July 2009	--
Immigration (Education) Amendment Act 2010	112, 2010	14 July 2010	1 Jan 2011	Sch. 1 (items 18-27) [see Table A]

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
Heading to Part 1.................	ad. No. 112, 2010
S. 3......................................	am. No. 110, 1973; No. 76, 1986; No. 35, 1991; No. 176, 1992; No. 60, 1994; No. 27, 1997; No. 144, 2008; No. 112, 2010
Part 2
Part 2...................................	ad. No. 112, 2010
S. 4......................................	am. No. 76, 1986
	rs. No. 35, 1991
	am. No. 60, 1994
	rs. No. 112, 2010
S. 4A...................................	ad. No. 176, 1992
	am. No. 110, 1995
	rs. No. 112, 2010
S. 4B...................................	ad. No. 176, 1992
	am. No. 27, 1997; No. 113, 1998
	rs. No. 112, 2010
S. 4C...................................	ad. No. 176, 1992
	am. No. 27, 1997
	rs. No. 112, 2010
S. 4D...................................	ad. No. 176, 1992
	am. No. 27, 1997; No. 21, 2007
	rs. No. 112, 2010
Part 3
Part 3...................................	ad. No. 112, 2010
S. 4E....................................	ad. No. 176, 1992
	rep. No. 27, 1997
	ad. No. 112, 2010
S. 4F....................................	ad. No. 176, 1992
	rep. No. 27, 1997
Part 4
Heading to Part 4.................	ad. No. 112, 2010
S. 5......................................	am. No. 76, 1986; No. 35, 1991
	rs. No. 112, 2010
S. 6......................................	rep. No. 35, 1991
S. 7......................................	am. No. 76, 1986; No. 35, 1991
S. 8......................................	am. No. 110, 1973; No. 35, 1991
S. 9......................................	am. No. 110, 1973; No. 76, 1986; No. 35, 1991; No. 112, 2010
S. 9A...................................	ad. No. 35, 1991
Part 5
Heading to Part 5.................	ad. No. 112, 2010
Heading to s. 10..................	am. No. 112, 2010
S. 10....................................	am. No. 146, 1999; No. 73, 2008
Heading to s. 10A...............	am. No. 112, 2010
S. 10A.................................	ad. No. 176, 1992
S. 12....................................	am. Nos. 110 and 216, 1973

Table A

Application, saving or transitional provisions

Migration Legislation Amendment Act (No. 1) 1997 (No. 27, 1997)

Schedule 1--Amendments related to visa application charge

Part 2--Application and transitional

29 Application

(1) The amendment made by item 13 of this Schedule applies in relation to applications whether made before, at or after the commencement of this item.

(2) The remaining amendments of the Immigration (Education) Act 1971 and the Migration Act 1958 made by this Schedule apply in relation to applications for visas made at or after the commencement of the Migration (Visa Application) Charge Act 1997.

Note: Under item 30, some applications that are made before the commencement of the Migration (Visa Application) Charge Act 1997 are taken to be made immediately after that time.

30 Transitional

If:

(a) an application for a visa is made before the commencement of the Migration (Visa Application) Charge Act 1997; and

(b) a visa application fee, or part of a visa application fee, payable under the Migration Act 1958 in respect of the application has not been paid at that time;

then, for the purposes of the Immigration (Education) Act 1971, the Migration (Health Services) Charge Act 1991 and sections 45A, 45B and 45C of the Migration Act 1958, the application is taken to have been made immediately after the commencement of the Migration (Visa Application) Charge Act 1997.

Australian Citizenship (Transitionals and Consequentials) Act 2007
(No. 21, 2007)

Schedule 3

14 Definition

In this Part:

commencement day means the day on which sections 2A to 54 of the Australian Citizenship Act 2007 commence.

21 Application--Immigration (Education) Act 1971

The amendment made by item 1 of Schedule 2 applies in relation to:

(a) a person in respect of which an obligation under section 4C of the Immigration (Education) Act 1971 begins on or after the commencement day; or

(b) a person in respect of which an obligation under that section began before the commencement day, but only if that obligation has not ceased before the commencement day.

Immigration (Education) Amendment Act 2010 (No. 112, 2010)

Schedule 1

18 Definitions

In this Part:

approved English course has the same meaning as in the old law.

commencement time means the start of 1 January 2011.

new law means the Immigration (Education) Act 1971 as in force immediately after the commencement time.

old law means the Immigration (Education) Act 1971 as in force immediately before the commencement time.

Secretary means the Secretary of the Department.

special category visa has the same meaning as in the Migration Act 1958.

temporary visa has the same meaning as in the Migration Act 1958.

19 Transitional--gazettal of temporary visa classes

(1) This item applies to a class of temporary visas if:

(a) the class was specified in a notice published in the Gazette under subparagraph 4(b)(ii) of the old law; and

(b) the notice was in force immediately before the commencement time.

(2) Subparagraph 4A(a)(ii) of the new law has effect, at and after the commencement time, as if the class had been specified in a legislative instrument made under that paragraph.

20 Transitional--New Zealand citizens registered at commencement time

(1) This item applies to a person who:

(a) is a citizen of New Zealand; and

(b) is in Australia; and

(d) was, immediately before the commencement time, registered with the provider of an approved English course; and

(e) held a special category visa at the time he or she first registered with the provider of an approved English course.

(2) For the purposes of the new law, other than section 4B (obligation to provide 510 hours of tuition in an English course), treat a special category visa held by the person at or after the commencement time as if it were a permanent visa that came into effect at the time the special category visa mentioned in paragraph (1)(e) of this item came into effect.

21 Transitional--hours of tuition taken before commencement time

In working out how many hours of tuition a person has had for the purposes of subsection 4B(2) of the new law, include hours of tuition in approved English courses given before the commencement time in accordance with the old law.

22 Transitional--determination that a person has functional English

(1) This item applies to a person if a determination under paragraph 4D(1)(a) of the old law that the person has functional English (within the meaning of the old law) was in force immediately before the commencement time.

(2) The person is taken, at and after the commencement time, to have functional English for the purposes of the new law.

23 Transitional--people registered at commencement time

(1) This item applies to a person if the person was, immediately before the commencement time, registered with the provider of an approved English course.

(2) Subsections 4C(2) and 4D(2) of the new law apply to the person as if the references in those provisions to the person's visa commencement day were references to the day on which this item commences.

Note: This item commences at the start of 1 January 2011 (see item 18).

24 Transitional--determinations by the Secretary delaying the end of obligation

(1) This item applies to a person if:

(a) a determination was made by the Secretary under subsection 4D(2) of the old law; and

(b) the determination provided that the obligation to the person under section 4D of the old law is, or was, to cease on a particular day (the cessation day) at or after the commencement time; and

(d) the person is not covered by item 23.

(2) Section 4C of the new law applies to the person, at and after the commencement time, as if each of the references to a period in paragraphs 4C(2)(a) and (b) were a reference to the period ending at the end of the cessation day.

25 Transitional--determinations by the Secretary that obligation not cease

(1) This item applies to a person if:

(a) a determination was made by the Secretary under subsection 4D(2) of the old law; and

(b) the determination provided that the obligation to the person under section 4D of the old law was not to cease; and

(d) the person is not covered by item 23.

(2) Section 4C of the new law does not apply to the person.

26 Transitional--people who became ineligible before commencement time

(1) This item applies to a person if:

(a) the person:

(i) would have stopped being eligible under subsection 4C(2) of the new law at any time before the commencement time, had the new law been in force; and

(ii) is not covered by item 23, 24 or 25; or

(b) the person:

(i) would have stopped being eligible under subsection 4D(2) of the new law at any time before the commencement time, had the new law been in force; and

(ii) is not covered by item 23.

(2) For the purposes of the new law, and subject to subsections 4C(3) to (6) and 4D(3) to (6) of the new law, the person is not eligible at or after the commencement time.

27 Saving--refund of fees for English courses

Despite the repeal of paragraph 4A(3)(b) of the old law by Part 1 of this Schedule, that paragraph, and regulations made for the purposes of that paragraph, continue to apply at and after the commencement time in relation to fees charged before the commencement time under regulations made for the purposes of subsection 4A(1) of the old law.

Commonwealth Consolidated Acts

IMMIGRATION (EDUCATION) ACT 1971 - NOTES