Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 29

          (1A)  This section applies:

                     (a)  in a situation covered by subsection 27(1); or

                     (b)  in a situation covered by subsection 27(2) if:

                              (i)  an agreement has not been entered into with the student that meets the requirements of subsection 28(1); or

                             (ii)  paragraphs 28(4)(a) and (b) apply in relation to the student.

             (1)  The registered provider (or former registered provider) for the course must pay the student:

                     (a)  the total of the course money the provider received in respect of the student before the default day; less

                     (b)  the total of the prescribed amounts relating to expenses the provider incurred for the student for the course before the default day.

(A negative result is treated as nil).

             (2)  For the purposes of paragraph (1)(b), the regulations may prescribe different amounts (including nil amounts) for students in different circumstances.

             (3)  In a subsection 27(1) case, the provider must pay the amount within 2 weeks after the default day.

             (4)  In a subsection 27(2) case, the provider must pay the amount within 4 weeks after the default day.

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