OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS (AMENDMENT) 1992 NO. 425 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS (AMENDMENT) 1992 NO. 425 - TABLE OF PROVISIONS 1. Commencement 2. Amendment 3. New regulation 1a 4. Regulation 2 (Interpretation) 5. New regulation 10 1992 No. 425 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS (AMENDMENT) - REG 1 1. Commencement 1.1 Regulation 3 is taken to have commenced on 7 February 1992. (NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.) 1992 No. 425 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS (AMENDMENT) - REG 2 2. Amendment 2.1 The Overseas Students (Refunds) (General) Regulations are amended as set out in these Regulations. 1992 No. 425 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS (AMENDMENT) - REG 3 3. New regulation 1a 3.1 After regulation 1, insert: Commencement "1a. These Regulations are taken to have commenced on 28 December 1990.". 1992 No. 425 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS (AMENDMENT) - REG 4 4. Regulation 2 (Interpretation) 4.1 Insert the following definition: "'recovery proceedings' means proceedings taken by the Commonwealth in connection with the recovery of an assigned debt, being proceedings that take place at a time when the overseas student who assigned the debt is not in Australia;". 1992 No. 425 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS (AMENDMENT) - REG 5 5. New regulation 10 5.1 After regulation 9, insert: Evidence in recovery proceedings "10. (1) A receipt issued to a person by an educational institution and produced in recovery proceedings is sufficient evidence that the person to whom the receipt is made out was, at the time that the receipt was issued, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(2) A claim form completed by a person and produced in recovery proceedings is sufficient evidence that the person referred to in the form was, at the time that the form was completed, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(3) A copy of a document provided by a person under paragraph 4 (1) (b) and produced in recovery proceedings is sufficient evidence that the person described in the document was, at the time that the document was provided, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(4) A copy of a passport produced by a person under paragraph 5 (2) (b) and produced in recovery proceedings is sufficient evidence that the person described in the passport was, at the time that the passport was produced, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(5) A copy of an identity card made under subparagraph 5 (4) (b) (ii) and produced in recovery proceedings is sufficient evidence that the person described on the card was, at the time that the card was certified, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(6) A copy made under subparagraph 5 (4) (b) (ii) of a translation of the information in an identity card, produced in recovery proceedings, is sufficient evidence that the person described in the translation was, at the time that the translation was signed, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(7) A copy of an instrument produced by a person under paragraph 5 (2) (e) and produced in recovery proceedings is sufficient evidence that the person described on the card was, at the time that the instrument was produced, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(8) A copy of a statutory declaration made by a person under paragraph 5 (3) (a) and produced in recovery proceedings is sufficient evidence that the person who made the declaration was, at the time that the declaration was made, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(9) A copy of a statement produced by a person under paragraph 5 (3) (b) and produced in recovery proceedings is sufficient evidence that the person who produced the statement was, at the time that it was produced, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(10) A certificate completed under regulation 7 and paragraph 9 (2) (e) and produced in recovery proceedings is sufficient evidence that the person described in the certificate was, at the time that the certificate was signed, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(11) A copy of a statutory declaration: (a) made by a person under paragraph 9 (1) (b); and (b) signed by a person under paragraph 9 (2) (e); and (c) produced in recovery proceedings; is sufficient evidence that the person who made the declaration was, at the time that the declaration was made, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(12) An application by a person for temporary entry to Australia as a student or a trainee, and produced in recovery proceedings is sufficient evidence that the person who signed the application was, at the time that the application was signed, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(13) A copy of a letter: (a) sent to a person by the Australian Embassy in Beijing; and (b) advising the person of the result of the person's application for temporary entry to Australia as a student or a trainee; and (c) produced in recovery proceedings; is sufficient evidence that the person was, at the time that the letter was signed, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act. "(14) A copy of a deed of assignment to the Commonwealth of an amount of money that is claimed to be a debt, produced in recovery proceedings is sufficient evidence that the person who assigned the amount was, at the time that the deed was completed, and is, an overseas student for the purposes of the definition of 'overseas student' in section 3 of the Act.". - NOTES 1992 No. 425*1* OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 24 December 1992. *2* Statutory Rules 1992 No. 26.