Document ID: chunk:federal_register_of_legislation:C2004A04467:body:0:p3
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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 person means:

    (a)     if the person was in Australia on the day on which the relevant visa or entry permit came into force—that day; or

    (b)     if the person was not in Australia on the day on which the relevant visa or entry permit came into force—the day that the person first enters Australia after that day.

Refunds

"4E. A person is entitled to a refund of English Education Charge paid by the person under the Charge Act on an application for a stay visa if the obligation of the Commonwealth to the person under section 4C has not ceased and:

    (a)     the person withdraws the application before the stay visa is granted; or

    (b)     the stay visa is cancelled or otherwise ceases to be in force before the person commences an approved English course and, at the time the person seeks the refund, the person has not applied for or been granted another stay visa (other than an exempt visa or exempt entry permit); or

    (c)     the person dies before the person commences an approved English course.

Effect of refund

"4F. For the purposes of this Act, if a person is entitled to a refund of an amount of English Education Charge, the person is taken to have never paid the charge.".

7. After section 10 of the Principal Act, the following section is inserted:

Delegation

"10A. The Secretary may, by signed instrument, delegate any or all of his or her powers under this Act to an officer of the Department.".

PART 3— AMENDMENTS OF THE MIGRATION ACT 1958 RELATING TO MIGRATION EDUCATION

Principal Act

  8. In this Part, "Principal Act" means the Migration Act 19582.

Interpretation

9. Section 4 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1A) For the purposes of this Act, a person has functional English at a particular time if:

  (a) the person passes a test that:

         (i) is approved in writing by the Minister for the purposes of this subsection; and

         (ii) is conducted by a person, or organisation, approved for the purposes of this subsection by the Minister by notice in the Gazette; or

    (b) the person provides the Minister with prescribed evidence of the person's 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