48Recovering an amount

48 Recovering an amount

(1) An overseas student or intending overseas student may recover an amount owing to the student under this Division as a debt by action in a court of competent jurisdiction (unless subsection (2) applies).

Note: This section is also affected by section 50C.

(2) If: (a) a registered provider (or former registered provider) owes an amount to a student under section 47D; and (b) a person (other than the student) is specified in the agreement entered into between the provider and the student under section 47B; the specified person, rather than the student, may recover the amount as a debt by action in a court of competent jurisdiction. (3) This Division does not affect any liability that a provider has apart from this Division to pay an additional amount to the student.