EXPLANATORY STATEMENT
Migration Regulations 1994
ALTERNATIVE ENGLISH LANGUAGE PROFICIENCY TESTS TO THE INTERNATIONAL ENGLISH LANGUAGE TESTING SYSTEM (IELTS)
(REGULATION 5A102)
- This Instrument is made under regulation 1.17 and clause 5A102 of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
3. Clause 5A102 of the Regulations provides that the Minister may specify in a Gazette Notice an English language proficiency test as an alternative to the IELTS test, the foreign country or countries in which that test may be taken by an applicant, and the test score that must be achieved by the applicant for this clause.
4. The purpose of the Instrument is to specify which English language proficiency tests may be used as an alternative to the IELTS test, in which countries, and the scores that must be achieved by an applicant.
5. In 14 countries where IELTS testing is not available, a satisfactory result in a Test of English as a Foreign Language (TOEFL) test is accepted. While to date there have been two versions of TOEFL available - the Paper-Based test and the Computer-Based test, the new internet Based TOEFL (iBT) is gradually replacing the former versions and it has become necessary to amend the current Gazette Notice to include the iBT and corresponding acceptable scores.
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 Instrument, IMMI 06/070, commences on the day after it is registered on the Federal Register of Legislative Instruments.