{"id":"F2012L01378","name":"Education Services for Overseas Students (Calculation of unspent pre-paid fees - other cases) Determination 2012 (No. 1)","slug":"education-services-for-overseas-students-calculation-of-unspent-pre-paid-fees-other-cases-determinat","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":163307,"registerId":"commonwealth-F2012L01378-current","compilationNumber":null,"startDate":"2026-04-04","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Services for Overseas Students (Calculation of unspent pre-paid fees - other cases) Determination 2012 (No. 1)","content":"![](image.001.png)\n\nEducation Services for Overseas Students (Calculation of unspent pre-paid fees – other cases) Determination 2012 (No. 1)\n\nEducation Services for Overseas Students Act 2000\n\nI, 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.\n\nDated 18th June 2012\n\nCHRIS EVANS  \nMinister for Tertiary Education, Skills, Science and Research\n\n1 Name of determination\n\nThis determination is the Education Services for Overseas Students (Calculation of unspent pre-paid fees – other cases) Determination 2012 (No. 1).\n\n2 Commencement\n\nThis 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.  \n\n3 Definitions\n\nIn this determination:\n\n> Act means the Education Services for Overseas Students Act 2000.\n\n> Pre-paid fees has the same meaning as it has in section 5 of the Act.\n\n> Course has the same meaning as it has in section 5 of the Act.\n\n4 Calculation of the amount of unspent pre-paid fees – other cases\n\nThe 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:\n\nthe lesser of:\n\n(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\n\n(b) the sum of $500.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1924},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination is a direct and narrow exercise of the specific power in subsection 47E(4) of the ESOS Act, which expressly authorises the Minister to specify calculation methods for unspent pre-paid fees. It precisely implements the Act's tuition protection framework without expanding beyond the statutory intent."},"complexity_factors":["Extremely short instrument containing only 4 sections","Single straightforward mathematical formula (lesser of two fixed values)","Only 3 defined terms, all referencing the parent Act","No conditional exceptions or nested provisions beyond the 'lesser of' calculation"],"plain_english_summary":"This rule sets the formula for calculating refunds for international students when their education provider fails to deliver the course (known as a **default**). **What it does:** It caps how much of the student's money the provider can keep to cover administrative costs when issuing a refund. **The calculation:** Start with all fees the student paid upfront, then deduct the **smaller** of these two amounts: either 5% of the total fees paid, or $500. The remainder is what must be refunded to the student. **Who it affects:** Education providers catering to overseas students and the students themselves. **Why it matters:** It ensures that if a school or college collapses, students get back nearly all their pre-paid tuition money, while allowing providers to recover a modest, limited amount for processing the refund."}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-calculation-of-unspent-pre-paid-fees-other-cases-determinat","history":"/api/acts/education-services-for-overseas-students-calculation-of-unspent-pre-paid-fees-other-cases-determinat/history","analysis":"/api/acts/education-services-for-overseas-students-calculation-of-unspent-pre-paid-fees-other-cases-determinat/analysis","conflicts":"/api/acts/education-services-for-overseas-students-calculation-of-unspent-pre-paid-fees-other-cases-determinat/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-calculation-of-unspent-pre-paid-fees-other-cases-determinat/important-cases","documents":"/api/acts/education-services-for-overseas-students-calculation-of-unspent-pre-paid-fees-other-cases-determinat/documents"}}