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LIN 21/012
Immigration (Education) (Standards for Vocational English) Instrument (LIN 21/012) 2021
I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subsection 3(2) of the Immigration (Education) Act 1971 (the Act).
Dated 19 April 2021
Alex Hawke
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

1 Name
       This instrument is the Immigration (Education) (Standards for Vocational English) Instrument (LIN 21/012) 2021.

2 Commencement
       This instrument commences on the later of:
(a) the day after registration; and
(b) immediately after the commencement of Schedule 1 of the Immigration (Education) Amendment (Expanding Access to English Tuition) Act 2020.

3 Repeal
       Immigration (Education) (Functional English) Specification 2017 (F2017L00720) is repealed.

4 Procedures or standards for determining that a person has vocational English
       (1)For the definition of vocational English in subsection 3(1) of the Act, a person has vocational English if a provider of an approved English course determines that the person meets or exceeds one of the following standards:
(a) at least Level 3 proficiency in each of the four core skills of learning, reading, writing and oral communication under the Australian Core Skills Framework; or
(b) an average score of at least 5.5 in an International English Language Testing System test, based on the four test components of speaking, reading, writing and listening; or
(c) a total band score of at least 46 in a Test of English as a Foreign Language internet-based Test, based on the four test components of speaking, reading, writing and listening; or
(d) a total band score of at least 162 in a Cambridge C1 Advanced Test, based on the four test components of speaking, reading, writing and listening; or
(e) a total band score of at least 42 in a Pearson Test of English Academic, based on the four test components of speaking, reading, writing and listening; or
(f) at least B for each of the four test components of speaking, reading, writing and listening in an Occupational English Test.
       (2)A reference to a test in subsection (1) is a reference to the test as in force or existing from time to time.
Note Despite subsection 14(2) of the Legislation Act 2003, a reference to a test in force or existing from time to time is permitted under subsection 3(3) of the Act.