Commonwealth Numbered Regulations

1993 No. 29 MIGRATION (1993) REGULATIONS (AMENDMENT) - REG 3

3.1 After regulation 7.8, insert in Division 3 of Part 7: Prescribed
evidence-paragraph 4 (1A) (b) of the Act

"7.8AA For the purposes of paragraph 4 (1A) (b) of the Act, the evidence
referred to in each of the following paragraphs is prescribed evidence of the
English language proficiency of a person:

   (a)  evidence that the person has completed all his or her primary
        education and at least 3 years of secondary education at an
        institution where instruction is conducted in English;

   (b)  evidence that the person has completed at least 5 years of secondary
        education at an institution was conducted in English;

   (c)  evidence that the person has completed a course of training of a
        duration at least 3 years leading to the award of a tertiary
        qualification at an institution was conducted in English;

   (d)  evidence that the person has passed the Occupational English Test
        conducted by the National Languages Institute of Australia;

   (e)  evidence that the person has attained the functional level of the
        Australian Assessment of Communicative English Skills (ACCESS) test,
        being evidence in the form of a copy of results of a test:

        (i)    completed not more than 12 months before the person applies for
               the grant of a visa or entry permit in relation to which those
               results are relevant; or

        (ii)   completed after the application is made;
being a copy certified by the body that conducted the test as the results of
the test of the person;

   (f)  evidence that the person has attained an overall band score of at
        least 5 on the International English Language Testing System (IELTS)
        test, being evidence in the form of a copy of results of a test:

        (i)    completed not more than 12 months before the person applies for
               the grant of a visa or entry permit in relation to which those
               results are relevant; or

        (ii)   completed after the application is made;
being a copy certified by the body that conducted the test as the results of
the test of the person;

   (g)  in the case of a person who is an applicant for a Class 127 (business
        skills), Class 128 (business skills (senior executive)), Class 129
        (State/Territory sponsored business skills) or Class 130
        (State/Territory sponsored business skills (senior executive)) visa-
        evidence that the person has a score of at least 20 points under Part
        3 of Schedule 8, being a score awarded on the basis of an interview of
        the person for the purpose of attaining that score;

   (h)  if:

        (i)    the person is an applicant for a visa of a class that is not
               mentioned in paragraph (g); and

        (ii)   evidence referred to in paragraph (a), (b), (c) or (d) cannot
               be provided by the person; and

        (ii)   the person cannot be subjected to a test mentioned in paragraph
               (e) or (f); evidence that the person has been determined by the
               Minister, on the basis of an interview of the person, to have
               functional English.".