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EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 47A When a student defaults

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 47A

When a student defaults

  (1)   An overseas student or intending overseas student defaults , in relation to a course at a location, if:

  (a)   the course starts at the location on the agreed starting day, but the student does not start the course on that day (and has not previously withdrawn); or

  (b)   the student withdraws from the course at the location (either before or after the agreed starting day); or

  (c)   the registered provider of the course refuses to provide, or continue providing, the course to the student at the location because of one or more of the following events:

  (i)   the student failed to pay an amount he or she was liable to pay the provider, directly or indirectly, in order to undertake the course;

  (ii)   the student breached a condition of his or her student visa;

  (iii)   misbehaviour by the student.

Note 1:   For an exception to paragraph   ( 1)(a), see subsection   ( 2).

Note 2:   For an exception to subparagraph   ( 1)(c)(iii), see subsection   ( 3).

  (2)   An overseas student or intending overseas student does not default under paragraph   ( 1)(a) in relation to a course at a location if the student does not start that course because the registered provider defaults in relation to the course at the location under subparagraph   46A(1)(a)(i).

  (3)   An overseas student or intending overseas student does not default under subparagraph   ( 1)(c)(iii) unless the registered provider accords the student natural justice before refusing to provide, or continue providing, the course to the student at the location.