Commonwealth Consolidated Acts

IMMIGRATION (EDUCATION) ACT 1971 - 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 permanent visa; and

                     (b)  was at least 18 at the time the permanent visa came into force; and

                     (c)  does not have functional English at the time of making the application; and

                     (d)  has paid, or is exempt from paying, visa application charge under section 45A of the Migration Act; and

                     (e)  is not excluded from being provided with English tuition by the regulations; and

                      (f)  has not previously been entitled under this Act to 510 hours of tuition in an approved English course.

4D  Cessation of obligation to provide English tuition

             (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.

             (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:

"visa commencement date" for a person means:

                     (a)  if the person was in Australia on the day on which the relevant visa came into force--that day; or

                     (b)  if the person was not in Australia on the day on which the relevant visa came into force--the day that the person first enters Australia after that day.