138ARecovery of fees and charges from overseas student

138A Recovery of fees and charges from overseas student

[Section 138A Inserted by No. 37 of 2017, s. 26, Applied:30 Aug 2017]

(1)  Subject to subsection (2) , the Minister may recover from an overseas student, as a debt due and owing to the Crown and in a court of competent jurisdiction, the fees and charges that the overseas student is required to pay under section 138(2) .

(2)  If an overseas student has not attained the age of 18 years, the Minister may recover, as a debt due and owing to the Crown and in a court of competent jurisdiction, the fees and charges that the overseas student is required to pay under section 138(2) from any person in respect of whom the Minister is satisfied has a legal obligation to pay such fees and charges in respect of the overseas student.

(3)  The Minister may cancel the enrolment of the overseas student if the fees and charges that the overseas student is required to pay under section 138(2) are not paid, whether or not the Minister recovers those fees and charges under subsection (1) in respect of the overseas student.

(4)  In any legal proceedings under this section, a document –

(a) purporting to be signed by the Secretary; and

(b) certifying that, at a specified date, a specified amount of fees and charges is owed by an overseas student –

is taken to be evidence of those things unless the contrary is proved.