Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if the TPS Director determines that:
(a) a registered provider has defaulted in relation to an overseas student or intending overseas student and a course at a location; and
(b) either:
(i) the provider has failed to discharge its obligations under section 46D to the student by the end of the provider obligation period; or
(ii) the provider is unlikely to be able to discharge its obligations under section 46D to the student by the end of the provider obligation period.
Suitable alternative courses
(2) If any suitable alternative courses are available, the TPS Director must provide, in writing, the student with one or more options for such alternative courses.
Accepting an alternative course
(3) If a registered provider of an alternative course referred to in subsection (2) offers the student a place in the course, the student may accept the offer.
Note: A call is made on the OSTF to pay the provider of the alternative course: see Division 4.
(4) An acceptance must:
(a) be in writing; and
(b) be made within the period specified in subsection (5).
(5) For the purposes of subsection (4), the period is:
(a) the period of 30 days after the end of the provider obligation period; or
(b) if the TPS Director determines that exceptional circumstances apply:
(i) any shorter period determined in writing by the TPS Director; or
(ii) any longer period determined in writing by the TPS Director, and agreed to by the student.
Legislative instrument
(6) The Minister may, by legislative instrument, specify criteria to be applied in considering whether a particular course is a suitable alternative course for the purposes of this Act.