Federal Register of Legislation - Australian Government

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Specifications as made
The instrument sets out the updated requirements for a notice a provider must give under section 47H of the of the Education Services for Overseas Students Act 2000.
Administered by: Education, Skills and Employment
Registered 11 Dec 2015
Tabling HistoryDate
Tabled HR02-Feb-2016
Tabled Senate02-Feb-2016

Education Services for Overseas Students (Student default – discharge of obligations – requirements for a notice) Specification 2015 (No. 1)

Education Services for Overseas Students Act 2000

I, RICHARD COLBECK, Minister for Tourism and International Education, make this instrument under subsection 47H(5) of the Education Services for Overseas Students Act 2000.


Dated        11 December             2015

 

RICHARD COLBECK
Minister for Tourism and International Education

       


1.             Name of specification

 

     This specification is the Education Services for Overseas Students (Student default – discharge of obligations – requirements for a notice) Specification 2015 (No. 1).

 

2.             Commencement

 

This specification commences on the day after the day it is registered.

3.             Authority

 

This specification is made under subsection 47H(5) of the Education Services for Overseas Students Act 2000.

 

4.             Revocation

 

The Education Services for Overseas Students (Student default – discharge of obligations – requirements for a notice) Determination 2012 (No. 1) (F2012L01384) is revoked.

 

5.             Definitions

 

In this specification:

 

CoE (confirmation of enrolment) means a confirmation of enrolment for a course issued by a provider to an overseas student or an intending overseas student.

 

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

 

PRISMS has the same meaning as Regulation 1.03 of the Education Services for Overseas Students Regulations 2001.

 

the Act means the Education Services for Overseas Students Act 2000.

 

6.             Student default - discharge of obligations - requirements for a notice

 

(1)          For section 47H of the Act, a notice given by a registered provider must include, for each CoE for the student who is in default, the following:

 

(a) if the provider has not provided a refund in accordance with section 47E of the Act — the reason why it has not done so;

(b) if the provider has provided a refund in accordance with section 47E of the Act:

(i)            the date that the refund was paid by the provider to the student;

(ii)          confirmation that the refund amount was calculated in accordance with subsection 47E(4) of the Act;

(iii)        the date when the student default occurred.

 

Note   The notice must also include the information required by subsection 47H(3) of the Act.

 

(2)          For section 47H of the Act, a notice given by a registered provider must be given by entering the required information into relevant fields in PRISMS.