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Amendments to the Immigration (Education) Act 1971 made by Immigration (Education) Amendment Act 2010

Commencement: 1 January 2011

Client summary

From 1 January 2011 the Immigration (Education) Amendment Act 2010 amends the Immigration (Education) Act 1971 (the Education Act) to:

  • remove annual administration fees for English courses;
  • provide that New Zealand citizens who hold a special category visa may no longer be provided with English courses under the Act;
  • extend the period for registering in an English course from three months to six months after a person's arrival in Australia;
  • introduce a five-year timeframe to complete an English course, with an extension for clients with compassionate and compelling circumstances;
  • simplify provisions relating to eligibility for English courses, including ensuring all clients provided with English courses in Australia are subject to the same eligibility restrictions;
  • allow the Secretary to extend registration, commencement and completion timeframes for English courses retrospectively; and
  • update the legislation to reflect current delivery arrangements.

Affected legislation

The following provisions of the Education Act are amended:

  • Before section 1, heading, is inserted
  • Section 3, reference to subsection 3(1), is inserted
  • Section 3, definition of approved course, is amended
  • Section 3, definition of approved English course, is amended
  • Section 3, definition of capital equipment of an educational nature, is amended
  • Section 3, definition of eligible, is inserted
  • Section 3, definition of functional English, is amended
  • Section 3, definition of independent school, is repealed
  • Section 3, definition of school authority, is repealed
  • Section 3, definition of Secretary, is inserted
  • Section 3, definition of teaching and learning materials, is amended
  • Section 3, definition of visa commencement day, is inserted
  • Subsection 3(2), is inserted
  • Subsection 3(3), is inserted
  • Sections 4 to 5, are repealed and substituted:
    • Before section 4, heading, is inserted
    • Section 4, is inserted
    • Section 4A, is inserted
    • Section 4B, is inserted
    • Section 4C, is inserted
    • Section 4D, is inserted
    • Before section 4E, heading, is inserted
    • Section 4E, is inserted
    • Before section 5, heading is inserted
    • Section 5, is inserted
    • Subsection 9(2), is amended
    • Subsection 9(3), is amended
    • After section 9A, heading, is inserted.

Additional information

The Education Act provides the legislative basis for the provision of English language and citizenship courses to newly arrived migrants through the Adult Migrant English Program (AMEP).

The AMEP underwent extensive review in 2008 which resulted in a new Business Model for the delivery of the AMEP being developed in 2009. This new model formed the basis of a Request for Tender for the provision of the AMEP and related services which was released in November 2009.

The Education Act was amended in order to implement the new Business Model and to provide consistency between the new program policy and its legislative basis.

Commencement provisions

The amendments commence on 1 January 2011.