CTHRepealedAct
Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991
8Returns and other information
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##### 8 Returns and other information
(1) A provider must, within 28 days after the conclusion of each reporting period, give to the Secretary, for each account maintained by the provider for the purposes of this Act, a return that:
(a) is in the prescribed form; and
(b) is signed:
(i) if the provider is a natural person—by that person or by another person authorised by the first‑mentioned person to sign the return; or
(ii) otherwise—by the principal executive officer of the provider or by a person authorised by the principal executive officer to sign the return; and
(c) contains the prescribed particulars in relation to transactions in respect of that account during that reporting period and in relation to money held in that account at the end of that reporting period; and
(d) is accompanied by a report by a registered company auditor stating whether, in the opinion of the auditor:
(i) the particulars in the return are correct; and
(ii) the provider has complied with the financial requirements of this Act.
(1A) At any time during a reporting period (the current period) a provider may notify the Secretary in writing of a new ending date for the provider’s reporting periods. The effect of the notification is as follows:
(a) if the next occurrence (after notification) of the new ending date is more than 12 months after the start of the current period:
(i) the current period remains in effect; and
(ii) the provider’s next reporting period starts after the end of the current period and ends on the new ending date; and
(iii) after that, the provider’s reporting periods are periods of 12 months ending on the new ending date;
(b) in any other case:
(i) the current period is replaced by the period from the start of the current period to the new ending date; and
(ii) after that, the provider’s reporting periods are periods of 12 months ending on the new ending date.
(2) If the Minister forms a reasonable belief that a registered provider may have:
(a) failed to comply with the requirements of subsection (1);
(b) failed to comply with the financial requirements of this Act; or
(c) provided a return which contains misleading or deceptive information;
the Minister may, by written notice given to a provider, require the provider to give the Minister such further information as the Minister specifies.
(3) The regulations may, either generally, or in relation to a particular reporting period or periods, make provision for or in relation to the exemption of a specified provider or a specified class of providers from all or any of the requirements of subsection (1).
(4) In this section:
> financial requirements of this Act means the provisions of this Act that:
(a) require the provider to pay money into an account; or
(b) regulate payments or withdrawals from an account; or
(c) require the provider to make a payment to a student.
> reporting period, in relation to a provider, means a financial year or some other period that applies to the provider under subsection (1A).