Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"eligible humanitarian new arrival" means a person:
(a) who is an eligible new arrival; and
(b) who holds a visa specified in a determination made under subsection ( 2).
"eligible new arrival" means a person:
(a) whose first language is not English; and
(b) who satisfies criteria determined under subsection ( 3) for being a person newly arrived in Australia; and
(c) to whom one or more of the following subparagraphs applies:
(i) the person is an Australian citizen;
(ii) the person holds a permanent visa in force under the Migration Act 1958 ;
(iii) the person is included in a permanent visa in force under that Act;
(iv) the person has his or her permanent home in the Territory of Christmas Island or in the Territory of Cocos (Keeling) Islands;
(v) the person satisfies criteria determined under subsection ( 4).
"intensive ESL course" means a course designed to teach English as a second language to eligible new arrivals by means of intensive instruction.
Determinations
(2) The Minister may, by determination, specify a visa for the purposes of paragraph ( b) of the definition of eligible humanitarian new arrival in subsection ( 1).
Note: The Minister may specify a visa by reference to a class of visas (see subsection 13(3) of the Legislation Act 2003 ).
(3) The Minister may determine criteria for being a person newly arrived in Australia for the purposes of paragraph ( b) of the definition of eligible new arrival in subsection ( 1).
(4) The Minister may determine criteria for the purposes of subparagraph ( c)(v) of the definition of eligible new arrival in subsection ( 1).
(5) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a determination made under subsection ( 4).
(6) A determination made under this section is a legislative instrument.
Determinations made under the former Act
(7) The following table has effect:
Determinations made under the former Act | ||
Item | A determination, made by the relevant Minister for the purposes of the following provision of section 4 of the former Act and in force on 31 December 2008 ... | is taken to be a determination made under the following subsection of this section ... |
1 | paragraph ( b) of the definition of eligible humanitarian new arrival | subsection ( 2). |
2 | paragraph ( b) of the definition of eligible new arrival | subsection ( 3). |
3 | subparagraph ( c)(v) of the definition of eligible new arrival | subsection ( 4). |