EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 47E Refund in other cases

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 47E

  (1)   A registered provider must provide a refund under this section if:

  (a)   an overseas student or an intending overseas student defaults in relation to a course at a location; and

  (b)   either:

  (i)   the provider has not entered into an agreement with the student that meets the requirements of section   47B; or

  (ii)   the provider is not required to pay a refund to the student because of subsection   47D(5) (refusal of student visa).

Note:   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).

  (2)   The provider must pay the student a refund of the amount worked out in accordance with an instrument under subsection   ( 4).

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 within the period (the provider obligation period ) of 4 weeks after the default day.

Legislative instrument

  (4)   The Minister may, by legislative instrument, specify a method for working out the amount of a refund for the purposes of subsection   ( 2).