Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 28

             (1)  A registered provider must enter into a written agreement with each overseas student or intending overseas student that:

                     (a)  sets out the refund requirements that apply in a situation covered by subsection 27(2); and

                     (b)  meets the requirements (if any) set out in the national code.

             (2)  In a situation covered by subsection 27(2), the provider must pay the amount (if any) required by the agreement to the following person:

                     (a)  if a person (other than the student) is specified in the agreement to receive any refund under this section--the specified person;

                     (b)  otherwise--the student.

             (3)  The provider must pay that amount within 4 weeks after receiving a written claim from the student.

Note:          The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

             (4)  Subsections (2) and (3), and the agreement mentioned in subsection (1), do not apply in relation to the student if:

                     (a)  the student was refused a student visa; and

                     (b)  the refusal was a reason for one or more of the following acts or omissions by the student that directly or indirectly caused the situation covered by subsection 27(2):

                              (i)  the student's failure to start the course on the agreed starting day;

                             (ii)  the student's withdrawal from the course;

                            (iii)  the student's failure to pay an amount he or she was liable to pay the provider, directly or indirectly, in order to undertake the course.