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SR 1991 No. 284 Regulations as made
Principal Regulations
Tabling HistoryDate
Tabled HR08-Oct-1991
Tabled Senate08-Oct-1991
Gazetted 17 Sep 1991
Date of repeal 22 Sep 1999
Repealed by Repeal of the enabling legislation by Statute Stocktake Act 1999

 

 

 

 

 

 

 

 

Statutory  Rules  1991   No. 2841

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Overseas Students (Refunds)

(People’s Republic of China) Regulations

 

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Overseas Students (Refunds) Act 1990.

 

          Dated 10 September 1991.

 

                                                                                         BILL HAYDEN

                                                                                        Governor-General

          By His Excellency’s Command,

 

 

JOHN DAWKINS

Minister of State for Employment, Education and Training

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Citation

                1.  These Regulations may be cited as the Overseas Students (Refunds) (People’s Republic of China) Regulations.

 

 

Interpretation

           2. (1)  In these Regulations, unless the contrary intention appears:

“Act” means the Overseas Students (Refunds) Act 1990;

 


“Australian Consular Officer” has the same meaning as in the Consular Fees Act 1955;

“Australian Diplomatic Officer” has the same meaning as in the Consular Fees Act 1955;

“authorised person” means a person authorised under regulation 3;

“certificate” means a certificate provided to an authorised person under subparagraph 5 (1) (a) (i);

“claim form” means an application to assign a debt;

“debt”, in relation to an overseas student, means a debt owed to the student by an educational institution;

“diplomatic mission” means:

               (a)  an Australian Embassy; or

               (b)  an Australian Consulate; or

               (c)  an Australian Consulate-General;

“identity card”, in relation to an overseas student, means an identity card issued to the student by the Government of the People’s Republic of China;

“overseas student” means:

               (a)  an overseas student referred to in regulation 4; or

               (b)  a person claiming to be an overseas student of that kind;

“statutory declaration” means a statutory declaration made under the Statutory Declarations Act 1959.

 

 

Authorised person

                3.  (1)  An Australian Consular Officer, or an Australian Diplomatic Officer, who is performing duties at a diplomatic mission in the People’s Republic of China is authorised to administer the procedures prescribed in these Regulations.

 

               (2)  A person holding, occupying or performing the duties of the office of:

               (a)  Ambassador; or

               (b)  Consul; or

               (c)  Consul-General; or

              (d)  Chargé d’Affaires;

of Australia in the People’s Republic of China may authorise an Australian citizen, or a permanent resident, who is performing duties at a diplomatic mission in the People’s Republic of China to administer the procedures prescribed in these Regulations.


 

Procedures prescribed for establishing the identity of an overseas student

                4.  For the purposes of subsection 6 (1) of the Act, the procedures for establishing the identity of an overseas student:

               (a)  who is a citizen of the People’s Republic of China; and

               (b)  who is in the People’s Republic of China; and

               (c)  who applies to assign to the Commonwealth a debt; and

              (d)  from whom it is proposed that the Commonwealth accept the assignment of a debt;

are prescribed in these Regulations.

 

 

Certificate and relevant information

                5.  (1)  An overseas student:

               (a)  must provide to an authorised person in the People’s Republic of China:

                           (i)  a certificate in accordance with subregulations (2) and (3); and

                          (ii)  if the certificate is not in English—a translation, in English and the English alphabet, of its contents; and

                         (iii)  the student’s claim form; and

               (b)  may provide to the authorised person copies of other documents that help:

                           (i)  to establish the student’s identity; or

                          (ii)  to support the student’s application to assign the debt.

 

               (2)  The certificate must be signed by the student in the presence of a person who performs the functions of a notary public under the laws of the People’s Republic of China.

 

               (3)  The certificate must include:

               (a)  the student’s name; and

               (b)  the student’s gender; and

               (c)  the student’s nationality; and

              (d)  the student’s date of birth; and

               (e)  the student’s residential address; and

               (f)  the number and date of issue of the student’s identity card; and

               (g)    hha statement that the student signed the claim form in the presence of the notary.


               (4)  The authorised person must sign:

               (a)  the certificate; and

              (b)  if a translation is to be provided under paragraph (1) (b)—the translation;

before a decision is made, on behalf of the Commonwealth, to accept or refuse the assignment of the debt.

 

 

Completion of identification procedure

                6.  (1)  If the assignment of the debt is to be accepted on behalf of the Commonwealth, an authorised person in the People’s Republic of China must, in writing, invite the overseas student to come to the diplomatic mission specified in the invitation.

 

               (2)  The overseas student must:

               (a)  bring the invitation and the student’s identity card to the diplomatic mission; and

               (b)  make a statutory declaration before the authorised person 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 authorised person:

                           (i)  to inspect the invitation to go to the diplomatic mission; and

                          (ii)  to inspect and make a copy of the student’s identity card.

 

               (3)  The authorised person:

               (a)  must inspect the invitation; and

               (b)  must inspect the overseas 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)  must not sign the statutory declaration unless he or she is satisfied that the person is the overseas student.

 

 

Statutory declaration

                7.  For the purposes of paragraph 8 (2) (b) of the Act, a person who is an Australian citizen, or a permanent resident, and who is a member of the staff of an Australian embassy or consulate is specified.

 

[NOTE:    Paragraph 8 (2) (b) of the Act provides that a statutory declaration that is made before a person of a kind specified in the regulations is taken to have been made before a person of a kind specified in section 8 of the Statutory Declarations Act 1959.]

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NOTE

 

1.      Notified in the Commonwealth of Australia Gazette on 17 September 1991.