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Immigration (Education) Act 1971

  • - C2004C04565
  • In force - Superseded Version
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Act No. 3 of 1971 as amended, taking into account amendments up to Act No. 176 of 1992
Registered 26 Nov 2009
Start Date 01 Mar 1993
End Date 31 Aug 1994

IMMIGRATION (EDUCATION) ACT 1971
- Updated as at 23 March 1994 (HISTACT CHAP 1217 #DATE 23:03:1994)

*1* The Immigration (Education) Act 1971 as shown in this reprint comprises Act No. 3, 1971 amended as indicated in the Tables below.
Table of Acts
Act Date Date of Application
Number and of assent commencement saving or
year 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 -
(a) The Immigration (Education) Act 1971 was amended by section 3 only
of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986,
subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on
the day on which it receives the Royal Assent."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 am. No. 110, 1973; No. 76, 1986; No. 35, 1991;
No. 176, 1992
S. 4 am. No. 76, 1986
rs. No. 35, 1991
Ss. 4A-4F ad. No. 176, 1992
S. 5 am. No. 76, 1986; No. 35, 1991
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
S. 9A ad. No. 35, 1991
S. 10A ad. No. 176, 1992
S. 12 am. Nos. 110 and 216, 1973

IMMIGRATION (EDUCATION) ACT 1971 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. English courses and citizenship courses
4A. Fees for English courses
4B. English courses
4C. Obligation to provide English tuition
4D. Cessation of obligation to provide English tuition
4E. Refunds
4F. Effect of refund
5. Provision of teaching and learning materials
7. Training courses for teachers
8. Research projects
9. Payments under arrangements etc.
9A. Services for non-government organisations
10. Delegation
10A. Delegation
11. Expenditure to be made from appropriations
12. Annual reports by the Minister
13. Regulations

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

SECT

3. In this Act, unless the contrary intention appears:
"approved course" means an English course or a citizenship course provided under section 4;
"approved English course" means an English course provided in accordance with section 4 or 4B;
"capital equipment of an educational nature" includes tape recording and playing equipment and portable class-rooms, but does not include any other building;
"Charge Act" means the Immigration (Education) Charge Act 1992;
"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;
"English course" means a course of instruction in the English language;
"exempt entry permit" has the same meaning as in the Charge Act;
"exempt visa" has the same meaning as in the Charge Act;
"independent school" means a school or institution in Australia, other than a school or institution conducted by the Government of the Commonwealth,a State or a Territory, 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;
"Migration Act" means the Migration Act 1958;
"permanent entry permit" has the same meaning as in the Migration Act;
"school authority", in relation to an independent school, means the person or body conducting the school;
"stay visa" has the same meaning as in the Charge Act;
"teaching and learning materials" includes printed materials, audio materials, visual aids and audiovisual aids;
"temporary entry permit" has the same meaning as in the Migration Act.

IMMIGRATION (EDUCATION) ACT 1971 - SECT 4
English courses and citizenship courses

SECT

4. The Minister may arrange for English courses and citizenship courses to be provided:
(a) outside Australia for persons intending to migrate to Australia; and
(b) in Australia for persons who:
(i) hold a permanent entry permit; or
(ii) hold a temporary entry permit of a class specified by the
Minister by notice published in the Gazette; or
(iii) previously held a permanent entry permit and have become
Australian citizens; or
(iv) are under 18 and have at least one parent who has held or
holds a permanent entry permit; or
(v) are citizens of New Zealand who are exempt, under section 106
of the Migration Act, from the operation of subsection 14 (1) or section 76 of that Act, and whose stay in Australia is not subject to a time limit; and
(c) in the Territory of Cocos (Keeling) Islands or in the Territory of Christmas Island for persons in the Territory concerned who:
(i) hold a permanent entry permit; or
(ii) hold a temporary entry permit of a class specified by the
Minister by notice published in the Gazette; or
(iii) previously held a permanent entry permit and have become
Australian citizens; or
(iv) are under 18 and have at least one parent who has previously
held or holds a permanent entry permit.

IMMIGRATION (EDUCATION) ACT 1971 - SECT 4A
Fees for English courses

SECT

4A. (1) The regulations may provide for the charging and recovery of fees, not exceeding $250 per year per student, in respect of English courses provided in accordance with section 4.

(2) Regulations for the purposes of subsection (1) must:
(a) exempt from any fees prescribed under that subsection persons who, at the time of enrolment in the English course, are:
(i) the holders of a health care card; or
(ii) registered job seekers; and
(b) provide that fees are payable on enrolment in the English course.

(3) The regulations may do one or both of the following:
(a) prescribe different fees in relation to different classes of courses;
(b) provide for the refund, reduction or waiving of fees in cases identified in the regulations.

(4) In this section:
"health care card" means a card prescribed for the purposes of this section that is issued by the government of the Commonwealth, of a State or of a Territory;
"registered job seeker" means a person prescribed for the purposes of this section who is seeking work.

IMMIGRATION (EDUCATION) ACT 1971 - SECT 4B
English courses

SECT

4B. The Minister is to arrange for English courses to be provided for persons who:
(a) have made an application for a stay visa that is covered by paragraph 5
(a) of the Charge Act; and
(b) were at least 18 at the time the stay visa came into force; and
(c) do not have functional English; and
(d) have paid, or are exempt from paying, the English Education Charge under the Charge Act.

IMMIGRATION (EDUCATION) ACT 1971 - SECT 4C
Obligation to provide English tuition

SECT

4C. Subject to section 4D, the Commonwealth is obliged to provide, or arrange the provision of, 510 hours of tuition in an approved English course to a person if the person:
(a) has made an application for a stay visa that is covered by paragraph 5
(a) of the Charge Act; and
(b) was at least 18 at the time the stay visa came into force; and
(c) does not have functional English; and
(d) has paid, or is exempt from paying, the English Education Charge under the Charge Act.

IMMIGRATION (EDUCATION) ACT 1971 - SECT 4D
Cessation of obligation to provide English tuition

SECT

4D. (1) Subject to this section, the obligation of the Commonwealth to a person under section 4C ceases:
(a) if the provider of an approved English course determines, in writing, in accordance with procedures approved in writing by the Secretary, that the person has functional English; or
(b) if the person fails to register with the provider of an approved English course within the period of 3 months starting on the visa commencement date; or
(c) if the person fails to commence an approved English course within the period of 12 months starting on the visa commencement date; or
(d) at the end of the period of 36 months starting on the visa commencement date.

(2) If:
(a) the obligation to a person would, under subsection (1), or under this subsection, cease at a particular date; and
(b) the Secretary is satisfied that it would be unreasonable for the obligation to so cease;
the Secretary may, in writing, determine that the obligation is not to cease, or is to cease only at a later date.

(3) In determining whether it is unreasonable for an obligation to cease, the Secretary may only have regard to:
(a) the prevention of the person from undertaking the whole or a part of an approved English course by the action or inaction of a person who provides approved English courses; and
(b) any other matters that are prescribed.

(4) In this section:
"relevant visa or entry permit" means the visa or entry permit in respect of the application for which English Education Charge was imposed;
"visa commencement date" for a person means:
(a) if the person was in Australia on the day on which the relevant visa or entry permit came into force - that day; or
(b) if the person was not in Australia on the day on which the relevant visa or entry permit came into force - the day that the person first enters Australia after that day.

IMMIGRATION (EDUCATION) ACT 1971 - SECT 4E
Refunds

SECT

4E. A person is entitled to a refund of English Education Charge paid by the person under the Charge Act on an application for a stay visa if the obligation of the Commonwealth to the person under section 4C has not ceased and:
(a) the person withdraws the application before the stay visa is granted; or
(b) the stay visa is cancelled or otherwise ceases to be in force before the person commences an approved English course and, at the time the person seeks the refund, the person has not applied for or been granted another stay visa (other than an exempt visa or exempt entry permit); or
(c) the person dies before the person commences an approved English course.

IMMIGRATION (EDUCATION) ACT 1971 - SECT 4F
Effect of refund

SECT

4F. For the purposes of this Act, if a person is entitled to a refund of an amount of English Education Charge, the person is taken to have never paid the charge.

IMMIGRATION (EDUCATION) ACT 1971 - SECT 5
Provision of teaching and learning materials

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; or
(b) for use in schools (whether or not in an approved course) for:
(i) teaching the English language; or
(ii) imparting an understanding of ways of life in Australia and
of the rights and duties of an Australian citizen;
to children referred to in subparagraph 4 (b) (iv) or (c) (iv).

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 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.

IMMIGRATION (EDUCATION) ACT 1971 - SECT 8
Research projects

SECT

8. The Minister may arrange for the conduct of research projects designed to improve the form or content of approved courses.

IMMIGRATION (EDUCATION) ACT 1971 - SECT 9
Payments under arrangements etc.

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.

(2) Without limiting the generality of subsection (1), an arrangement under section 4 for the provision of approved courses by the Government of a State or Territory 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; 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 for the provision of approved courses by the Government of a State or Territory 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 9A
Services for non-government organisations

SECT

9A. The Minister may arrange to provide language trainingand related services to or for a non-government organisation or non-government body.

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 10A
Delegation

SECT

10A. The Secretary may, by signed instrument, delegate any or all of his or her powers under this Act to an officer of the Department.

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

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.