Commonwealth legislation

Education Services for Overseas Students (Calculation of unspent pre-paid fees - other cases) Determination 2012 (No. 1)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

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.

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Current sections

Direct links to the current provisions in Education Services for Overseas Students (Calculation of unspent pre-paid fees - other cases) Determination 2012 (No. 1).

Education Services for Overseas Students (Calculation of unspent pre-paid fees - other cases) Determination 2012 (No. 1)

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Education Services for Overseas Students (Calculation of unspent pre-paid fees – other cases) Determination 2012 (No. 1)

Education Services for Overseas Students Act 2000

I, 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.

Dated 18th June 2012

CHRIS EVANS
Minister for Tertiary Education, Skills, Science and Research

1 Name of determination

This determination is the Education Services for Overseas Students (Calculation of unspent pre-paid fees – other cases) Determination 2012 (No. 1).

2 Commencement

This 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.

3 Definitions

In this determination:

Act means the Education Services for Overseas Students Act 2000.

Pre-paid fees has the same meaning as it has in section 5 of the Act.

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

4 Calculation of the amount of unspent pre-paid fees – other cases

The 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:

the lesser of:

(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

(b) the sum of $500.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Education Services for Overseas Students (Calculation of unspent pre-paid fees - other cases) Determination 2012 (No. 1)