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EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 46D Obligations on registered providers in case of provider default

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 46D

Obligations on registered providers in case of provider default

  (1)   This section applies if a registered provider defaults in relation to an overseas student or intending overseas student and a course at a location.

  (2)   The provider must discharge its obligations to the student, in accordance with subsection   ( 3), within the period (the provider obligation period ) of 14 days after the default day.

Note:   For the consequences of breaching this section, see section   46E (offence), Divisions   3 (student placement service) and 4 (calls on the OSTF), and Division   1 of Part   6 (conditions, suspension and cancellation).

  (3)   The provider discharges its obligations to the student if:

  (a)   both of the following apply:

  (i)   the provider arranges for the student to be offered a place in a course in accordance with subsection   ( 4);

  (ii)   the student accepts the offer in writing; or

  (b)   the provider provides a refund in accordance with subsection   ( 6).

Arranging alternative courses

  (4)   The provider may arrange for the student to be offered a place in an alternative course at the provider's expense.

  (5)   The student may accept, in writing, the offer under subsection   ( 4).

Providing a refund

  (6)   The provider may pay the student a refund of the amount, worked out in accordance with any legislative instrument made under subsection   ( 7), of any unspent tuition fees received by the provider in respect of the student.

Note:   For providers who are required to maintain an account in accordance with section   28 , the refund might be paid out of the account: see section   29.

  (7)   The Minister may, by legislative instrument, specify a method for working out the amount of unspent tuition fees for the purposes of subsection   ( 6).