Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 50C

Cessation of claim

  (1)   If:

  (a)   either:

  (i)   a registered provider defaults in relation to an overseas student or intending overseas student and a course at a location; or

  (ii)   an overseas student or intending overseas student defaults in relation to a course provided by a registered provider at a location; and

  (b)   the TPS Director pays an amount in accordance with section   50B in relation to the student;

the student, and any person specified in paragraph   50B(3)(b), cease to have any claim against the provider in respect of the student's fees to which the refund requirements under Division   2 relate.

Provider must pay back TPS Director

  (2)   Instead, the provider must pay the TPS Director an amount equal to the amount that the TPS Director paid under section   50B.

  (2A)   If the provider is required to maintain an account in accordance with section   28, the payment of that amount must be made out of the account to the extent that there is a sufficient amount standing to the credit of the account.

  (2B)   To avoid doubt, subsection   (2A) is subject to subsections   29(4) and (5).

  (3)   The TPS Director may recover that amount from the provider as a debt due to the Commonwealth by action in a court of competent jurisdiction.

TPS Director may enforce security

  (4)   If the provider had granted the TPS Director a charge or other security over any of its assets, the TPS Director may enforce the charge or security in satisfaction, or partial satisfaction, of the debt.