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Immigration (Education) Act 1971

  • - C2004C04564
  • In force - Superseded Version
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Act No. 3 of 1971 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 26 Nov 2009
Start Date 31 Dec 1973
End Date 23 Jun 1986

IMMIGRATION (EDUCATION) ACT 1971
- Reprinted as at 30 April 1981 (HISTACT CHAP 444 #DATE 30:04:1981)

*1* The Immigration (Education) Act 1971 (a) as shown in this reprint comprises
Act No. 3, 1971 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement 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
---------------------------------------------------------------------------- (a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

IMMIGRATION (EDUCATION) ACT 1971 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Interpretation

4. Arrangements for certain courses of instruction

5. Teaching and learning materials to be provided

6. Living allowances

7. Training courses for teachers

8. Research projects

9. Payments, &c., under arrangements

10. Delegation

11. Expenditure to be made from appropriations

12. Annual reports by the Minister

13. Regulations


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IMMIGRATION (EDUCATION) ACT 1971 - LONG TITLE

SECT

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

IMMIGRATION (EDUCATION) ACT 1971 - SECT. 1.
Short title

SECT

1. This Act may be cited as the Immigration (Education) Act 1971.*1*


See notes to first article of this CHAPTER.

IMMIGRATION (EDUCATION) ACT 1971 - SECT. 2.
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*


See notes to first article of this CHAPTER.

IMMIGRATION (EDUCATION) ACT 1971 - SECT. 3.
Interpretation

Amended by No. 110, 1973, s.3

SECT

3. In this Act, unless the contrary intention appears-

''approved course of instruction'' means a course provided in accordance with arrangements made under the next succeeding section;

''capital equipment of an educational nature'' includes tape recording and playing equipment and portable class-rooms, but does not include any other building;

''independent school'' means a school or institution in Australia, other than a school or institution conducted by the Government of the Commonwealth or of a State, at which primary education or secondary education is, or both are, provided, but does not include a school conducted for the profit, direct or indirect, of an individual or individuals;

''school authority'', in relation to an independent school, means the person or body conducting the school;

''teaching and learning materials'' includes textbooks, films, sound recordings and wall charts.


IMMIGRATION (EDUCATION) ACT 1971 - SECT. 4.
Arrangements for certain courses of instruction

SECT

4. (1) The courses of instruction to which this section relates are-

(a) courses in the English language; and

(b) courses designed to impart an understanding of the rights and duties of an Australian citizen and of the way of living of the Australian people.


(2) The Minister may arrange for-

(a) the provision outside Australia of courses of instruction to which this section relates for intending immigrants to Australia, whether in the countries in which they reside, in other countries or on their way to Australia; and

(b) the provision in Australia of courses of instruction to which this section relates for persons ordinarily resident in Australia who-

(i) came to Australia as immigrants; or

(ii) are persons under the age of twenty-one years whose parents, or one of whose parents, came to Australia as immigrants or as an immigrant.


IMMIGRATION (EDUCATION) ACT 1971 - SECT. 5.
Teaching and learning materials to be provided

SECT

5. The Minister may arrange for the purchase or production of, and the distribution of, teaching and learning materials-

(a) for use in approved courses of instruction; or

(b) for use in schools (whether in an approved course of instruction or otherwise) in-

(i) the teaching of the English language; or

(ii) the imparting of an understanding of the rights and duties of an Australian citizen and of the way of living of the Australian people,

to children referred to in paragraph (b) of sub-section (2) of the last preceding section.


IMMIGRATION (EDUCATION) ACT 1971 - SECT. 6.
Living allowances

SECT

6. The regulations may make provision for, or in relation to, the payment of living allowances, at such rates and in accordance with such conditions as are prescribed, to persons (other than school children) attending such approved courses of instruction as are prescribed.


IMMIGRATION (EDUCATION) ACT 1971 - SECT. 7.
Training courses for teachers

SECT

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


(2) Where a teacher attending a training course referred to in the last preceding sub-section is paid salary by his employer for the whole or a part of the period of his 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;

''salary'' includes an allowance in the nature of a travelling allowance.


IMMIGRATION (EDUCATION) ACT 1971 - SECT. 8.
Research projects

Amended by No. 110, 1973, s. 5

SECT

8. The Minister may arrange for the conduct of research projects designed to improve the form or content of courses of instruction of the kind referred to in section 4.


IMMIGRATION (EDUCATION) ACT 1971 - SECT. 9.
Payments, &c., under arrangements

SECT

9. (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.


Amended by No. 110, 1973, s. 5

SECT

(2) Without limiting the generality of the last preceding sub-section, an arrangement under section 4 for the provision of courses of instruction by the Government of a State or by the school authority of an independent school 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;

(b) administrative costs (including the salaries of administrative staff) incurred in connexion with the courses;

(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.


Added by No. 110, 1973, s. 4

SECT

(3) An arrangement under section 4 for the provision of courses of instruction by the Government of a State or by the school authority of an independent school may make provision for the Commonwealth to supply, whether as a gift or otherwise, to that Government or school authority capital equipment of an educational nature to be used in the courses.


IMMIGRATION (EDUCATION) ACT 1971 - SECT. 10.
Delegation

SECT

10. (1) The Minister may, by instrument in writing, delegate to an officer of the Public Service of the Commonwealth, either generally or otherwise as provided in the instrument of delegation, all or any of his 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.


IMMIGRATION (EDUCATION) ACT 1971 - SECT. 11.
Expenditure to be made from appropriations

SECT

11. Expenditure by the Commonwealth for the purposes of this Act shall be made out of moneys appropriated by the Parliament for those purposes.


IMMIGRATION (EDUCATION) ACT 1971 - SECT. 12.
Annual reports by the Minister

Amended by No. 110, 1973, s. 5; No. 216, 1973, s. 3

SECT

12. 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.


IMMIGRATION (EDUCATION) ACT 1971 - SECT. 13.
Regulations

SECT

13. 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. ------------------------------------------------------------------------------ --