6CRefund if student defaults

##### 6C Refund if student defaults (1) This section applies to a student in relation to a course if: (a) the course starts on the agreed starting date, but the student does not start the course on that date (and has not previously withdrawn); or (b) the student withdraws from the course (either before or after the agreed starting date). (2) If the provider and student have a written agreement that covers the refund consequences of the situation that caused this section to apply, the provider must pay the student the amount (if any) required by the agreement. (3) If the provider and student do not have a written agreement that covers the refund consequences of the situation that caused this section to apply, 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. (4) The provider must pay within 6 weeks after receiving a written claim from the student. (5) The student is entitled to recover the amount as a debt, by action in a court of competent jurisdiction. (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 student withdrew, if paragraph (1)(b) applies.