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 pre‑paid fees received by the provider in respect of the student.

Note: For providers who are required to maintain an initial pre‑paid fees account, 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 pre‑paid fees for the purposes of subsection (6). Former registered providers (8) This section continues to apply to a provider if the provider ceases to be a registered provider.