Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(a) an intending overseas student is enrolled in a course;
(b) the student has paid course money to a private provider to attend the course; and
(c) the student is unable to attend the course by reason of being refused a student visa;
the provider shall refund all the course money paid to the provider by the student to the student within 6 weeks of being notified in writing that the student has been refused a student visa.
(2) A private provider shall not intentionally or recklessly contravene subsection (1).
Penalty: $5,000 or imprisonment for 6 months, or both.
(3) An amount required to be paid under this section is a debt due by the provider to the student.
26. (1) Nothing in this section applies to an intending overseas student in the circumstances to which section 25 applies.
(2) If—
(a) an overseas student or an intending overseas student who is enrolled in a course—
(i) does not start the course on the agreed starting date; or
(ii) withdraws from the course before, on or after the agreed starting date; and
(b) the student and the private provider of the course have a written agreement that covers the refund consequences of the relevant situation referred to in paragraph (a);
the provider shall pay to the student any amount required to be paid under the agreement.
(3) If—
(a) an overseas student or an intending overseas student who is enrolled in a course—
(i) does not start a course on the agreed starting date; or
(ii) withdraws from the course before, on or after the agreed starting date; and
(b) there is no written agreement between the student and the private provider of the course that covers the refund consequences of the relevant situation referred to in paragraph (a);
the provider shall pay to the student the prescribed amount.
(4) For the purposes of subsection (3), the prescribed amount is an amount equal to the difference between—
(a) money paid by the student and received by the private provider before the default date that the provider was required by subsection 16 (1) to pay into a trust account (whether or not the provider actually paid the money into a trust account); and
(b) any part of that money that the provider became entitled to withdraw from the account before the default date.
(5) The private provider shall pay an amount required to be paid under this section within 6 weeks after receiving a written request from the student.
(6) An amount required to be paid under this section is a debt due by the provider to the student.
(7) A private provider shall not intentionally or recklessly contravene subsections (2) and (3).
Penalty: $5,000 or imprisonment for 6 months, or both.
(8) In this section—
(a) where subparagraph (3) (a) (i) applies—the agreed starting date of the course; or
(b) where subparagraph (3) (a) (ii) applies—the date on which the student withdrew from the course.
27. (1) The Chief Executive—
(a) shall, at intervals not exceeding 5 years; and
(b) may, at any time the Chief Executive believes on reasonable grounds that a private provider has contravened this Act;
review the private provider's approval.
(2) After conducting a review of the approval of a private provider under subsection (1), the Chief Executive shall—
(a) confirm the approval unconditionally;
(b) confirm the approval subject to such conditions as are reasonable and necessary for the protection of the interests of overseas students and intending overseas students; or
(c) give the provider written notice that the Chief Executive believes that the approval should be withdrawn—
(i) specifying the grounds for the withdrawal; and
(ii) inviting the provider to show cause within a specified period why the approval should not be withdrawn.
(3) When making a decision under subsection (2) in relation to a private provider, the Chief Executive shall have regard to—
(a) the extent to which the provider has complied with this Act; and
(b) the likelihood of the provider's continued compliance with this Act.
(4) After the expiration of the period specified in a notice under subparagraph (2) (c) (ii), and taking into consideration any representation made by the private provider and such of the prescribed matters as he or she thinks fit, the Chief Executive shall—
(a) if satisfied on reasonable grounds that the private provider should not continue to be approved—
(i) suspend the approval for a specified period after which the approval is withdrawn; or
(ii) withdraw the provider's approval effective from the date on which the provider receives notice of the withdrawal under section 38;
(b) if satisfied that a variation is reasonable and necessary for the protection of the interests of overseas students and intending overseas students—vary the provider's approval; or
(c) confirm the approval.
(5) Where the Chief Executive suspends an approval under subparagraph (4) (a) (i), but before the approval is withdrawn, the provider may apply to have the suspension revoked on the ground that, by reason of a specified change in the circumstances that has occurred since the approval was suspended, the provider should continue to be approved.
(6) On receiving an application under subsection (5), the Chief Executive may, if he or she is satisfied that the applicant should continue to be approved, revoke the suspension and confirm the applicant's approval.
(7) For the purposes of subsection (4), the following matters are prescribed:
(a) the suitability of each course provided by the provider;
(b) the provider's educational objectives;
(c) any condition to which the provider's approval is subject;
(d) the extent to which the provider has complied with this Act;
(e) the likelihood of continued compliance with this Act.
(8) Where the Chief Executive—
(a) confirms a provider's approval subject to conditions under paragraph (2) (b);
(b) suspends a provider's approval for a specified period under subparagraph (4) (a) (i);
(c) withdraws a provider's approval under subparagraph (4) (a) (ii);
(d) varies a provider's approval under paragraph (4) (b); or
(e) revokes a suspension under subsection (6);
the Chief Executive shall amend the register accordingly.
28. (1) Where a provider's approval has been—
(a) suspended under subparagraph 27 (4) (a) (i) pending withdrawal; or
(b) withdrawn under subparagraph 27 (4) (a) (ii);
the provider shall not, without reasonable excuse, fail to notify any relevant student of the suspension and impending withdrawal or the withdrawal.
Penalty: $1,000.
(2) In subsection (1)—
(a) an overseas student or intending overseas student who has applied or been enrolled to undertake a course provided or to be provided by the provider; or
(b) an overseas student who is undertaking a course so provided.
29. (1) For the purposes of the review of a private provider under subsection 27 (1), the Chief Executive may—
(a) by notice in writing given to the provider, require the provider, within 14 days after the day on which the notice is given and at a place specified in the notice—
(i) to furnish in writing such information as is necessary and reasonable to allow the Chief Executive to conduct the review and is specified in the notice; or
(ii) to produce such documents or other records as are necessary and reasonable to allow the Chief Executive to conduct the review and as are specified in the notice; or
(b) where the Chief Executive believes on reasonable grounds that an officer or employee of the provider is capable of providing information or producing documents or records that are necessary and reasonable to allow the Chief Executive to conduct the review—by notice in writing given to the officer or employee, require him or her within 14 days after the day on which the notice is given and at a place specified in the notice—
(i) to furnish in writing such information as is necessary and reasonable to allow the Chief Executive to conduct the review and as is specified in the notice; or
(ii) to produce such documents or other records as are necessary and reasonable to allow the Chief Executive to conduct the review and as are specified in the notice.
(2) Where documents or other records are produced to the Chief Executive in accordance with subsection (1), the Chief Executive—
(a) may take possession of and make copies of, or take extracts from, the documents or other records; and
(b) shall not retain possession of the documents or other records for more than 90 days unless—
(i) it is necessary and reasonable to do so in order to complete the review to which the documents or records relate; or
(ii) a prosecution for an offence against this Act has been instituted within that period.
(3) A person served with a notice under paragraph (1) (a) or (b) shall not, without reasonable excuse, fail to comply with the notice.
Penalty: $1,000.
(4) A person shall not, in purported compliance with a notice under paragraph (1) (a) or (b), intentionally or recklessly—
(a) make a statement that is false or misleading in a material particular; or
(b) give the Chief Executive a document or record containing information that is false or misleading in a material particular without—
(i) indicating to the Chief Executive that the document or record is false or misleading and the respect in which it is false or misleading; and
(ii) providing correct information to the Chief Executive if the person has, or can reasonably obtain, the correct information.
Penalty: $5,000 or imprisonment for 6 months, or both.
(5) A person is not excused from providing any information or from producing a document or other record when requested to do so under subsection (1) on the ground that providing the information or producing the document or record might tend to incriminate the person, but the information or the production of the document is not admissible in evidence against the person in any criminal proceedings, other than proceedings for an offence against this Act.
30. (1) Where the Chief Executive believes on reasonable grounds that an agency is capable of providing information or producing documents or records that are necessary and reasonable to allow him or her to conduct a review under subsection 27 (1), he or she may, by notice in writing given to the agency, request the agency—
(a) to furnish in writing such information as is necessary and reasonable to allow the Chief Executive to conduct the review and as is specified in the notice; or
(b) to produce such documents or other records as are necessary and reasonable to allow the Chief Executive to conduct the review and as are specified in the notice.
(2) Where an agency receives a request under subsection (1), it may furnish the information or produce the documents or other records requested.
(3) In subsection (1)—