EXPLANATORY STATEMENT
Immigration (Education) Act 1971
PROCEDURES OR STANDARDS FOR FUNCTIONAL ENGLISH
(SUBSECTION 3(2))
1. This Instrument, IMMI 10/057, is made under subsection 3(2) of the Immigration (Education) Act 1971 (‘the Act’).
2. Subsection 3(2) of the Act provides that the Minister may, by legislative instrument, specify procedures or standards for the purposes of the definition of functional English in subsection 3(1).
3. Subsection 3(1) of the Act provides that a person has functional English if the provider of an approved English course determines, in accordance with any procedures or standards specified by the Minister under subsection 3(2), that the person has functional English.
4. The purpose of the Instrument is to specify procedures and standards for the purposes of the definition of Functional English.
5. The Instrument operates to specify that Functional English is basic social proficiency in English assessed at International Standard Language Proficiency Rating 2 across all four macro skills (reading, writing, listening and speaking).
6. 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.
7. The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was no compliance cost on business or impact on competition in relation to this instrument (OBPR reference number 11735).
8. This Instrument, IMMI 10/057, commences on 1 January 2011.