6BRefund if provider defaults

##### 6B Refund if provider defaults (1) This section applies to a student in relation to a course if: (a) the course does not start on the agreed starting date; or (b) the provider ceases to provide the course at any time after it starts but before it is completed; and the student has not withdrawn before the default date. (2) The provider must pay the student the difference between: (a) the amounts received by the provider before the default date that the provider was required by subsection 6A(1) to pay into a notified trust account for the student in relation to the course (whether or not the provider actually paid the amounts into a notified trust account); and (b) any part of those amounts that the provider became entitled to withdraw from the account before the default date. (3) The provider must pay within 2 weeks after the default date. (4) The student is entitled to recover the amount as a debt, by action in a court of competent jurisdiction. (5) If the provider has a liability apart from this section to pay an additional amount to the student, then this section does not affect that liability. (6) A provider who intentionally or recklessly contravenes this section is guilty of an offence punishable by imprisonment for up to 12 months. (7) In this section: > agreed starting date means the date on which the course was scheduled to start, or a later date agreed between the provider and the student. > default date means: (a) the agreed starting date, if paragraph (1)(a) applies; or (b) the date on which the provider ceased to provide the course, if paragraph (1)(b) applies.