47ERefund in other cases

47E Refund in other cases

(1) A registered provider must provide a refund under this section if: (a) an overseas student or an intending overseas student defaults in relation to a course at a location; and (b) either: (i) the provider has not entered into an agreement with the student that meets the requirements of section 47B; or (ii) the provider is not required to pay a refund to the student because of subsection 47D(5) (refusal of student visa).

Note: For the consequences of breaching this section, see section 47G (offence), Division 4 (calls on the OSTF) and Division 1 of Part 6 (conditions, suspension and cancellation).

(2) The provider must pay the student a refund of the amount, worked out in accordance with a legislative instrument made under subsection (4), 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.

(3) The provider must pay the refund within the period (the provider obligation period) of 4 weeks after the default day. Legislative instrument (4) The Minister may, by legislative instrument, specify a method for working out the amount of unspent pre‑paid fees for the purposes of subsection (2). Former registered providers (5) This section continues to apply to a provider if the provider ceases to be a registered provider.