EXPLANATORY STATEMENT

Immigration (Education) Act 1971

TITLE OF INSTRUMENT: ENGLISH COURSES AND CITIZENSHIP COURSES HELD FOR HOLDERS OF CERTAIN TEMPORARY VISAS

(SECTIONS 4(b)(ii) AND 4(c)(ii))

1.    This Instrument is made under Section 4 subparagraphs 4(b)(ii) and 4(c)(ii) of the Immigration (Education) Act 1971 (‘the Act’). 

2.   

Subparagraph 4(b)(ii) of the Act provides that the Minister may arrange for English courses and citizenship courses to be provided in Australia  for persons who hold a temporary visa of a class specified by the Minister by notice published in the Gazette. 

3.  

SSubparagraph 4(c)(ii) of the Act provides that the Minister may arrange for English courses and citizenship courses to be provided in the Territory of Cocos (Keeling) Islands or in the Territory of Christmas Island for persons in the Territory concerned who hold a temporary visa of a class specified by the Minister by notice published in the Gazette.

34.    The purpose of the Instrument is to provide access to English language tuition for holders of the Skilled – Designated Area – sponsored (Provisional) (Class UZ) visa (‘SDAS visa’), in addition to those visa classes already listed in the previous Instrument. . Dependants of the primary visa holder who do not have functional English will have access to 510 hours of English language tuition. 

45.   

The Instrument operates to revoke the Instrument signed 5 August 2004 that specify classes ofies temporary visas, the holders of which will be able to access English courses and citizenship courses. 

56.     for the purpose of subparagraphs 4(b)(ii) and 4(c)(ii) of the Act, and to specify the following classes of temporary visas:

(a) Business Skills (Provisional) (Class UR);

(b) Interdependency (Provisional) (Class UG);

(c) Partner (Provisional) (Class UF);

(d) Partner (Temporary) (Class UK);

(e) Resolution of Status (Temporary) (Class UH);

(f) Skilled - Designated Area - Sponsored (Provisional) (Class UZ); and

(g) Skilled - Independent Regional (Provisional) (Class UX). 

The only practical effect of the remade notice will be to add the new temporary (provisional) visa; the other visas have already been specified and will remain specified.

ALICE: YOU NEED TO INCLUDE THE PARAGRAPH IN THE TEMPLATE ABOUT CONSULTATION.  Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

67.   

The Instrument, IMMI06/030, commences on 1 July, 2006.