Education (Overseas Students) Act 2018
sec.38Effect of suspension of school provider approval
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sec.38 Effect of suspension of school provider approval
If a school provider approval is suspended under this part in relation to a course for a location, the holder must not— do anything for the purpose of recruiting or enrolling overseas students or intending overseas students for the course at the location; or solicit or accept any money from an overseas student or intending overseas student for the course at the location; or if an accepted student of the holder has not begun the course—permit the student to begin the course. However, the chief executive may, by notice given to the holder, permit the holder, for the whole or a stated part of the period of the suspension, to solicit or accept money from an overseas student who has started the course. The holder is still the holder of the school provider approval in relation to the course for the location for all other purposes. In this section— accepted student , of the holder, means a student, whether within or outside Australia— who is accepted for enrolment, or enrolled, in a course provided by the holder; and who is, or will be, required to hold a student visa to undertake or continue the course. (sec.38-ssec.1) If a school provider approval is suspended under this part in relation to a course for a location, the holder must not— do anything for the purpose of recruiting or enrolling overseas students or intending overseas students for the course at the location; or solicit or accept any money from an overseas student or intending overseas student for the course at the location; or if an accepted student of the holder has not begun the course—permit the student to begin the course. (sec.38-ssec.2) However, the chief executive may, by notice given to the holder, permit the holder, for the whole or a stated part of the period of the suspension, to solicit or accept money from an overseas student who has started the course. (sec.38-ssec.3) The holder is still the holder of the school provider approval in relation to the course for the location for all other purposes. (sec.38-ssec.4) In this section— accepted student , of the holder, means a student, whether within or outside Australia— who is accepted for enrolment, or enrolled, in a course provided by the holder; and who is, or will be, required to hold a student visa to undertake or continue the course.
- (a) do anything for the purpose of recruiting or enrolling overseas students or intending overseas students for the course at the location; or
- (b) solicit or accept any money from an overseas student or intending overseas student for the course at the location; or
- (c) if an accepted student of the holder has not begun the course—permit the student to begin the course.
- (a) who is accepted for enrolment, or enrolled, in a course provided by the holder; and
- (b) who is, or will be, required to hold a student visa to undertake or continue the course.