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EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 46B Registered providers to notify of provider default

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 46B

Registered providers to notify of provider default

  (1)   A registered provider must give notices in accordance with this section if the provider defaults in relation to one or more overseas students or intending overseas students and a course at a location.

Note:   If a registered provider breaches this section, the ESOS agency for the provider may take action under Division   1 of Part   6 against the provider.

Notifying the ESOS agency and TPS Director

  (2)   The provider must notify, in writing, the ESOS agency for the provider and the TPS Director of the default within 3 business days of the default occurring.

Note:   For the definition of business day , see section   2B of the Acts Interpretation Act 1901 .

  (3)   The notice must include the following:

  (a)   the circumstances of the default;

  (b)   the details of the students in relation to whom the provider has defaulted;

  (c)   advice as to:

  (i)   whether the provider intends to discharge its obligations to those students under section   46D; and

  (ii)   (if appropriate) how the provider intends to discharge those obligations.

Notifying students

  (4)   The provider must also notify, in writing, of the default the students in relation to whom the provider has defaulted.

Notice requirements

  (5)   A notice given under subsection   ( 2) or (4) must comply with any requirements of a legislative instrument made under subsection   ( 6).

Legislative instrument

  (6)   The Minister may, by legislative instrument, specify requirements for a notice given under this section.