Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 20

             (1)  A registered provider must send an accepted student of the provider a written notice if the student has breached a prescribed condition of a student visa.

Note 1:       The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section. A breach of this section is also an offence: see section 104.

Note 2:       It is an offence to provide false or misleading information in complying or purporting to comply with this section: see section 108.

             (2)  The registered provider must send the notice as soon as practicable after the breach.

             (3)  The notice must be in a form approved by the Secretary of the Immigration Minister's Department.

             (4)  The notice must:

                     (a)  contain particulars of the breach; and

                     (b)  state that the student is required to attend in person before an officer (within the meaning of the Migration Act 1958 ) at a specified place within 28 days after the day specified in the notice as the date of the notice, for the purpose of making any submissions about the breach and the circumstances that led to the breach; and

                     (c)  state that the student must present photographic identification when so attending; and

                     (d)  set out the effect of sections 137J and 137K of that Act.

Unincorporated registered providers

             (5)  If the registered provider is an unincorporated body, then it is instead the principal executive officer of the provider who must send the notice as required under this section.