Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A registered provider defaults , in relation to an overseas student or intending overseas student and a course at a location, if:
(a) either of the following occurs:
(i) the provider fails to start to provide the course to the student at the location on the agreed starting day;
(ii) the course ceases to be provided to the student at the location at any time after it starts but before it is completed; and
(b) the student has not withdrawn before the default day.
Note: For an exception to this rule, see subsection (3).
(2) To avoid doubt, a registered provider defaults if the provider is prevented from providing a course at a location because a sanction has been imposed on the provider under Part 6.
(3) A registered provider does not default, in relation to an overseas student or intending overseas student and a course at a location, if the provider fails to start to provide the course, or the course ceases to be provided, to the student because the student defaults in relation to the course under paragraph 47A(1)(c).
(4) If a registered provider for a course for a location has changed to become an entity of a different kind, the ESOS agency for the provider may notify the provider in writing that the course is not taken, for the purposes of subparagraph (1)(a)(ii) of this section, to have ceased to be provided at the location merely because of the change. The notice has effect accordingly.
(5) In deciding whether to give the notice, the ESOS agency for the registered provider must have regard to:
(a) the effect of the change on the delivery of courses and outcomes for students; and
(b) any advice provided by another ESOS agency; and
(c) if the provider is an approved school provider--any advice of the State designated authority for the provider.