OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS 1992 NO. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS 1992 NO. 26 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Procedures prescribed for establishing the identity of a student 4. Students must contact a mission to assign a debt 5. What must the student do to have his or her identity established? 6. What must the certifying officer do? 7. Completing and signing the certificate 8. Arranging the assignment of the debt 9. Completion of identification procedure if the assignment of the debt is accepted SCHEDULE 1992 No. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Overseas Students (Refunds) (General) Regulations. (NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48) 1992 No. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS - REG 2 Interpretation 2. (1) In these Regulations, unless the contrary intention appears: "Act" means the Overseas Students (Refunds) Act 1990; "certificate" means the certificate of identity set out in the Schedule; "certifying officer" means a person in a class of persons determined by the Minister under paragraph 7 (3) (a) of the Act as a class of persons who may sign a certificate that the procedures prescribed in these Regulations have been followed; "claim form" means an application to assign a debt; "debt", in relation to a student, means a debt owed to the student by an educational institution; "home country", in relation to a student, means the country of which the student is a citizen or permanent resident; "identity card", in relation to a student, means an identity card issued to the student by the Government of the country of which he or she is a citizen or permanent resident; "mission" means: (a) an Australian High Commission; or (b) an Australian Embassy; or (c) an Australian Consulate; or (d) an Australian Consulate-General; "statutory declaration" means a statutory declaration made under the Statutory Declarations Act 1959; "student" means: (a) an overseas student other than an overseas student to whom the Overseas Students (Refunds) (People's Republic of China) Regulations apply; or (b) a person claiming to be an overseas student of that kind; who applies in a country other than Australia to assign a debt. 1992 No. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS - REG 3 Procedures prescribed for establishing the identity of a student 3. For the purposes of subsection 6 (1) of the Act, the procedures for establishing the identity of a student are the procedures set out in these Regulations. 1992 No. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS - REG 4 Students must contact a mission to assign a debt 4. (1) If a student wishes to assign a debt, he or she must provide to a mission: (a) his or her claim form; and (b) copies of other documents that help: (i) to establish his or her identity; or (ii) to support his or her application to assign the debt. (2) A certifying officer must, in writing, invite the student to come to the mission specified in the invitation if: (a) the student provides the claim form and documents to a mission; and (b) the details in the claim form and documents relating to: (i) the educational institution; and (ii) the debt; appear to be genuine. 1992 No. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS - REG 5 What must the student do to have his or her identity established? 5. (1) If the student wishes to proceed with assigning the debt, he or she must come to the mission referred to in his or her invitation. (2) The student must bring: (a) the invitation to come to the mission; and (b) his or her passport; and (c) his or her identity card; and (d) if the information in the identity card is not in English-a translation, in English and the English alphabet, of the information; and (e) if the student changed his or her name: (i) after the debt was incurred; and (ii) by an instrument that has legal effect in the country in which he or she changed his or her name; the instrument. (3) If the student changed his or her name after the debt was incurred, but not by an instrument that has legal effect in the country in which he or she changed his or her name, he or she must: (a) make a statutory declaration before the certifying officer at the mission that the student has changed his or her name; and (b) bring to the mission 2 written statements that the student has changed his or her name made by persons: (i) who have known the student for a period of more than 2 years; and (ii) who knew the student under his or her previous and current names; and (iii) who are of good character. (4) The student must allow a certifying officer: (a) to inspect the invitation; and (b) to inspect and make a copy of: (i) the passport; and (ii) the identity card and translation; and (iii) any document providing evidence that the student has changed his or her name. 1992 No. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS - REG 6 What must the certifying officer do? 6. (1) The certifying officer must: (a) inspect the invitation; and (b) inspect the student's identity card to ensure that the information in it is the same as the relevant information included in the student's claim form and supporting documents; and (c) make a copy of the passport, the identity card and any translation and any document providing evidence of the student's change of name and return the originals to the student. (2) If the student changed his or her name after the debt was incurred, but not by an instrument that has legal effect in the country in which he or she changed his or her name, the certifying officer must: (a) contact the persons who provided written statements under paragraph 5 (3) (b); and (b) ask each person: (i) whether the person has known the student for a period of more than 2 years; and (ii) whether the person made a statement on behalf of the student; and (iii) whether the statement provided by the student is the statement that the person made. (3) The certifying officer, or a person authorised by the officer, must ask the relevant authority of the Government of the country whose name appears on the student's passport and identity card whether the documents were validly issued by the authority. 1992 No. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS - REG 7 Completing and signing the certificate 7. If the certifying officer is satisfied that the person who has come to the mission is the student: (a) the certifying officer must complete Parts I and II of the certificate; and (b) the student must sign Part I in the presence of the certifying officer; and (c) the certifying officer must certify on the certificate that the student signed it in the officer's presence. 1992 No. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS - REG 8 Arranging the assignment of the debt 8. If the assignment of the debt is to be accepted on behalf of the Commonwealth, a certifying officer must, in writing, invite the student to come to the mission specified in the invitation to assign the debt. 1992 No. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS - REG 9 Completion of identification procedure if the assignment of the debt is accepted 9. (1) If the student has been invited to come to a mission under regulation 8, he or she must: (a) bring the invitation and the student's identity card to the mission; and (b) make a statutory declaration before a certifying officer to the effect that: (i) the student is the person who applied to assign the debt; and (ii) the information contained in the student's claim form is correct; and (c) allow the certifying officer: (i) to inspect the invitation to go to the mission; and (ii) to inspect and make a copy of the student's identity card. (2) The certifying officer: (a) must inspect the invitation; and (b) must inspect the student's identity card to ensure that the information in it is the same as the relevant information included in the certificate and the student's claim form; and (c) must make a copy of the identity card and return the card to the student; and (d) must certify on the copy that it is a true copy of the identity card; and (e) if he or she is satisfied that the person is the student-must complete Part III of the certificate and sign the statutory declaration. 1992 No. 26 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS - SCHEDULE SCHEDULE Regulations 7 and 9 CERTIFICATE OF IDENTITY COMMONWEALTH OF AUSTRALIA OVERSEAS STUDENTS (REFUNDS) ACT 1990 CERTIFICATE OF IDENTITY PURSUANT TO REGULATION 7 OF THE OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS PART I (TO BE COMPLETED AT THE TIME THE CLAIM FORM IS SIGNED IN THE PRESENCE OF A CERTIFYING OFFICER) I, STATE that: (a) on the day and at the place specified below a male / female1 person appeared before me claiming to be (family name) (given name(s)) born at ON (city and country) (date) residing at (full address) possessing (country) Passport no 2 possessing (country) identity card no 2 and whose signature applied in my presence was (signature); and (b) the person who appeared before me presented the following evidence to establish his / her 1 identity, namely: (i) ..........................................;3 (evidence for the purposes of regulation 5) (ii) ..........................................;3 (evidence for the purposes of regulation 9 - payment of monies) Signed Designation at on PART II (TO BE COMPLETED AFTER VALIDITY OF PASSPORT/IDENTITY CARD HAS BEEN ESTABLISHED WITH THE RELEVANT ISSUING AUTHORITY) I, , STATE THAT the documents described in Part I (a) above have been verified as current by the relevant national issuing authority. Signed Designation at on PART III (TO BE COMPLETED AT THE TIME OF EXECUTION OF THE DEED OF ASSIGNMENT AND BEFORE PAYMENT OF THE REFUND) I, , a person within a class of persons determined in writing by the Minister for the purposes of section 7 of the Overseas Students (Refunds) Act 1990, hereby CERTIFY that on the day specified below I satisfied myself that the person nominated in Part I above is an overseas student and that the procedures prescribed in the Overseas Students (Refunds) (General) Regulations were followed. CERTIFIED at (city) (country). (signature) for and on behalf of the Commonwealth of Australia. On the day of 199 1 Delete whichever does not apply 2 Delete if not applicable 3 Insert description of the evidence presented as required by the Overseas Students (Refunds) (General) Regulations. A record of all steps taken to authenticate evidence of identity is to be made, signed and dated by the certifying officer and held with the records of the refund maintained by the certifying officer. - NOTES 1992 No. 26*1* OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS *1*Notified in the Commonwealth of Australia Gazette on 7 February 1992.