50CConsequences of a payment under section 50B

50C Consequences of a payment under section 50B

Cessation of claim (1) If: (a) either: (i) a registered provider defaults in relation to an overseas student or intending overseas student and a course at a location; or (ii) an overseas student or intending overseas student defaults in relation to a course provided by a registered provider at a location; and (b) the TPS Director pays an amount in accordance with section 50B in relation to the student; the student, and any person specified in paragraph 50B(3)(b), cease to have any claim against the provider in respect of the student’s pre‑paid fees. Provider must pay back TPS Director (2) Instead, the provider must pay the TPS Director an amount equal to the amount that the TPS Director paid under section 50B.

Note: For providers who are required to maintain an initial pre‑paid fees account, the amount might be paid out of the account: see section 29.

(3) The TPS Director may recover that amount from the provider as a debt due to the Commonwealth by action in a court of competent jurisdiction. TPS Director may enforce security (4) If the provider had granted the TPS Director a charge or other security over any of its assets, the TPS Director may enforce the charge or security in satisfaction, or partial satisfaction, of the debt. Former registered providers (5) This section continues to apply to a provider if the provider ceases to be a registered provider.