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).
(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).