Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument determines a method for calculating the amount of ‘unspent pre-paid fees’ in cases where the student defaults and there is no written agreement in place between a provider and student or the reason for the student default is because the student was refused a visa.
Administered by: Education
Registered 28 Jun 2012
Tabling HistoryDate
Tabled HR14-Aug-2012
Tabled Senate14-Aug-2012
Date of repeal 01 Jul 2014
Repealed by Education Services for Overseas Students (Calculation of Refund) Specification 2014

Education Services for Overseas Students (Calculation of unspent pre-paid fees – other cases) Determination 2012 (No. 1)

Education Services for Overseas Students Act 2000        

I, CHRIS EVANS, Minister for Tertiary Education, Skills, Science and Research,  pursuant to subsection 47E(4) of the Education Services for Overseas Students Act 2000 (the Act), specify the method for working out the amount of unspent pre-paid fees  for the purposes of subsection 47E(2) of the Act.

Dated        18th June                    2012

 

 

CHRIS EVANS
Minister for
Tertiary Education, Skills, Science and Research

 

1              Name of determination

                This determination is the Education Services for Overseas Students (Calculation of unspent pre-paid fees – other cases) Determination 2012 (No. 1).

 

2              Commencement

                This determination commences at the same time as item 2 of the table under subsection 2(1) of the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012.

3              Definitions

                In this determination:

Act means the Education Services for Overseas Students Act 2000.

Pre-paid fees has the same meaning as it has in section 5 of the Act.

Course has the same meaning as it has in section 5 of the Act.

 

4              Calculation of the amount of unspent pre-paid fees – other cases

The amount of unspent pre-paid fees that the provider must refund the student for the purpose of subsection 47E(2) of the Act is the total amount of the pre-paid fees the provider received for the course in respect of the student less the following amount:

 

the lesser of:

 

(a)    5% of the total amount of pre-paid fees that the provider received in respect of the student for the course before the default day; or

 

(b)   the sum of $500.