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MIGRATION LAWS AMENDMENT ACT (No. 2) 1992 No. 176, 1992 - SECT 10

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 apply to the person in relation to the application;
               and

        (ii)   the person is at least 18; and

        (iii)  the person does not have functional English; the Minister must
               include in the notice a statement to the effect that a visa
               cannot be granted unless the English Education Charge payable
               under that Act has been paid; and";

   (b)  by inserting in subsection (3B) "the
        Immigration (Education) Charge Act 
1992 or" after "under";

   (c)  by omitting paragraph (6)(a) and substituting the following
        paragraphs:

"(aa) f:

        (i)    paragraphs 5(a) and (c) of the Immigration (Education)  Charge
               Act 1992 apply to the person in relation to the application;
               and

        (ii)   the person is at least 18; and

        (iii)  the person does not have functional English; the Minister must
               include in the notice a statement to the effect that a visa
               cannot be granted unless the English Education Charge payable
               under that Act has been paid; and;

   (a)  the Minister must, subject to subsection (3B) and to sections 28 and
        28B, grant the visa; and". 


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