46DObligations on registered providers in case of provider default

#### 46D Obligations on registered providers in case of provider default (1) This section applies if a registered provider defaults in relation to an overseas student or intending overseas student and a course at a location. (2) The provider must discharge its obligations to the student, in accordance with subsection (3), within the period (the provider obligation period) of 14 days after the default day. > Note: For the consequences of breaching this section, see section 46E (offence), Divisions 3 (student placement service) and 4 (calls on the OSTF), and Division 1 of Part 6 (conditions, suspension and cancellation). (3) The provider discharges its obligations to the student if: (a) both of the following apply: (i) the provider arranges for the student to be offered a place in a course in accordance with subsection (4); (ii) the student accepts the offer in writing; or (b) the provider provides a refund in accordance with subsection (6). Arranging alternative courses (4) The provider may arrange for the student to be offered a place in an alternative course at the provider’s expense. (5) The student may accept, in writing, the offer under subsection (4). Providing a refund (6) The provider may pay the student a refund of the amount, worked out in accordance with any legislative instrument made under subsection (7), of any unspent tuition fees received by the provider in respect of the student. > Note: For providers who are required to maintain an account in accordance with section 28, the refund might be paid out of the account: see section 29. (7) The Minister may, by legislative instrument, specify a method for working out the amount of unspent tuition fees for the purposes of subsection (6).