Document ID: chunk:federal_register_of_legislation:C2004A04467:body:0:p4
Version: federal_register_of_legislation:C2004A04467
Segment Type: other
Provision Reference: 
Character Range: 7390–10325

English language proficiency.".

Grant or refusal of visas

  10. Section 24 of the Principal Act is amended:

  (a) by inserting after paragraph (3)(aa) the following paragraph:

     "(ab) if:

             (i) paragraphs 5(a) and (c) of the Immigration (Education) Charge Act 1992 apply to the person in relation to the application; and

           (ii) the person is at least 18; and

          (iii) the person does not have functional English;

     the Minister must include in the notice a statement to the effect that a visa cannot be granted unless the English Education Charge payable under that Act has been paid; and";

    (b)    by inserting in subsection (3B) "the Immigration (Education) Charge Act 1992 or" after "under";

    (c)     by omitting paragraph (6)(a) and substituting the following paragraphs:

     "(aa) if:

             (i) paragraphs 5(a) and (c) of the Immigration (Education) Charge Act 1992 apply to the person in relation to the application; and

           (ii) the person is at least 18; and

          (iii) the person does not have functional English;

         the Minister must include in the notice a statement to the effect that a visa cannot be granted unless the English

         Education Charge payable under that Act has been paid; and;

         (a) the Minister must, subject to subsection (3B) and to sections 28 and 28B, grant the visa; and".

Grant or refusal of entry permits

  11. Section 34 of the Principal Act is amended:

  (a) by inserting after paragraph. (3)(a) the following paragraph:

     "(aa) if:

             (i) paragraphs 5(a) and (c) of the Immigration (Education) Charge Act 1992 apply to the person in relation to the application; and

           (ii) the person is at least 18; and

          (iii) the person does not have functional English;

     the Minister must include in the notice a statement to the effect that an entry permit cannot be granted unless the English Education Charge payable under that Act has been paid; and";

    (b) by inserting in subsection (3B) "the Immigration (Education) Charge Act 1992 or" after "under".

PART 4—OTHER AMENDMENTS OF THE MIGRATION ACT 1958

Principal Act

  12. In this Part, "Principal Act" means the Migration Act 19583.

Consideration of applications for refugee status

13. Section 22AD of the Principal Act is amended by omitting paragraph (2)(c) and substituting the following paragraph:

  "(c) an entry permit, or entry visa:

         (i) granted to a person because of being a national of the People's Republic of China who was in Australia on or before 20 June 1989; or

         (ii) granted to a person because of being a spouse or dependent child of a person described in subparagraph (i).".

14. After section 89A of the Principal Act the following section is inserted:

Persons to identify themselves

  "89B.(1) In this section:

'overseas vessel' means:

     (a) a vessel on which