Commonwealth Numbered Acts

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EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 27

When this Division applies

Provider default

(1)
This Division applies to an overseas student or an intending overseas student in relation to a course if:

(a)
the course does not start on the agreed starting day; or

(b)
the course ceases to be provided at any time after it starts but before it is completed; or

(c)
the course is not provided in full to the student because a sanction has been imposed on the registered provider under Part 6;

and the student has not withdrawn before the default day.

Student default

(2)
This Division also applies to an overseas student or an intending overseas student in relation to a course if:

(a)
the course starts on the agreed starting day, but the student does not start the course on that day (and has not previously withdrawn); or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 (either before or after the agreed starting day).

(3)
In this Division:

"agreed starting day" means the day on which the course was scheduled to start, or a later day agreed between the registered provider for the course and the student.

"default day" means:

(a)
the agreed starting day, if paragraph (1)(a) or (2)(a) applies; or

(b)
the day on which the course ceased to be provided, if paragraph (1)(b) or (c) applies; or

(c)
the day on which the student withdraws from the course, if paragraph (2)(b) applies.



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