Revised Explanatory Memorandum
(Circulated by authority of the Minister for Immigration and Multicultural Affairs, Senator the Honourable Amanda Vanstone)Schedule 2 - Other amendments
Immigration (Education) Act 1971
Item 1 Paragraph 4D(1)(c) and (d)
68. This item repeals paragraph 4D(1)(c) and (d). Paragraph 4D(1)(c) is effectively substituted with the same provision which states "if the person fails to commence an approved English course within the period of 12 months starting on the visa commencement date".
69. This item also repeals paragraph 4D(1)(d) of the Immigration (Education) Act 1971 . Section 4D of this Act specifies different ways to calculate the date when the Australian Government's obligation to provide, or arrange the provision of English language tuition to certain permanent visa holders ceases. Following the amendment made by this item, the Australian Government's obligation to provide this tuition only ceases when one of the following occurs:
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- it has been determined that the person has functional English language skills; or
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- the person fails to register in an approved English course within three months of the commencement of their visa; or
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- the person fails to commence an approved English course within 12 months of the commencement of their visa.
70. Repealed paragraph 4D(1)(d) gave an additional option that a period of 36 months had expired.
71. The abolition of the 36 month limit on the completion of English language tuition was announced in the 2004 Budget and has been effected through policy pending repeal of paragraph 4D(1)(c) and (d).
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