EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 47D Refund under a written agreement about student default

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 47D

  (1)   A registered provider must provide a refund under this section if an overseas student or intending overseas student defaults in relation to a course provided by the provider at a location.

Note 1:   A refund might not be required under this section if a student is refused a student visa: see subsection   ( 5).

Note 2:   For the consequences of breaching this section, see section   47G (offence), Division   4 (calls on the OSTF) and Division   1 of Part   6 (conditions, suspension and cancellation).

Provider to pay refund

  (2)   The provider must pay a refund of the amount (if any) required by the agreement entered into with the student under section   47B.

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.

  (3)   The provider must pay the refund to the following person:

  (a)   the student;

  (b)   if a person (other than the student) is specified in the agreement to receive any refund under this section--the specified person.

  (4)   The provider must pay the refund within the period (the provider obligation period ) of 4 weeks after receiving a written claim from the student.

Exception--refusal of student visa

  (5)   A registered provider is not required to provide a refund under this section if:

  (a)   the student was refused a student visa; and

  (b)   the refusal was a reason for one or more of the following acts or omissions by the student that directly or indirectly caused the student to default in relation to the course at the location:

  (i)   the student's failure to start the course at the location on the agreed starting day;

  (ii)   the student's withdrawal from the course at that location;

  (iii)   the student's failure to pay an amount he or she was liable to pay the provider, directly or indirectly, in order to undertake the course at that location.

Note:   A registered provider is required to provide a refund under section   47E instead.