Document ID: chunk:federal_register_of_legislation:C2004A04467:body:0:p2
Version: federal_register_of_legislation:C2004A04467
Segment Type: other
Provision Reference: 
Character Range: 2489–5208

4A of the Principal Act the following sections are inserted:

English courses

"4B. The Minister is to arrange for English courses to be provided for persons who:

     (a)     have made an application for a stay visa that is covered by paragraph 5(a) of the Charge Act; and

  (b)     were at least 18 at the time the stay visa came into force; and

  (c)     do not have functional English; and

     (d)     have paid, or are exempt from paying, the English Education Charge under the Charge Act.

Obligation to provide English tuition

"4C. Subject to section 4D, the Commonwealth is obliged to provide, or arrange the provision of, 510 hours of tuition in an approved English course to a person if the person:

    (a)     has made an application for a stay visa that is covered by paragraph 5(a) of the Charge Act; and

  (b)     was at least 18 at the time the stay visa came into force; and

  (c)     does not have functional English; and

    (d)     has paid, or is exempt from paying, the English Education Charge under the Charge Act.

Cessation of obligation to provide English tuition

"4D.(1) Subject to this section, the obligation of the Commonwealth to a person under section 4C ceases:

     (a)     if the provider of an approved English course determines, in writing, in accordance with procedures approved in writing by the Secretary, that the person has functional English; or

     (b)     if the person fails to register with the provider of an approved English course within the period of 3 months starting on the visa commencement date; or

     (c)     if the person fails to commence an approved English course within the period of 12 months starting on the visa commencement date; or

     (d)     at the end of the period of 36 months starting on the visa commencement date.

  "(2) If:

     (a)     the obligation to a person would, under subsection (1), or under this subsection, cease at a particular date; and

     (b)     the Secretary is satisfied that it would be unreasonable for the obligation to so cease;

the Secretary may, in writing, determine that the obligation is not to cease, or is to cease only at a later date.

"(3) In determining whether it is unreasonable for an obligation to cease, the Secretary may only have regard to:

    (a)     the prevention of the person from undertaking the whole or a part of an approved English course by the action or inaction of a person who provides approved English courses; and

  (b)     any other matters that are prescribed.

  "(4) In this section:

'relevant visa or entry permit' means the visa or entry permit in respect of the application for which English Education Charge was imposed;

'visa commencement date' for a