Education Services for Overseas Students (Calculation of unspent pre-paid fees – other cases) Determination 2012 (No. 1)
Education Services for Overseas Students Act 2000        
I, CHRIS EVANS, Minister for Tertiary Education, Skills, Science and Research,  pursuant to subsection 47E(4) of the Education Services for Overseas Students Act 2000 (the Act), specify the method for working out the amount of unspent pre-paid fees  for the purposes of subsection 47E(2) of the Act.
Dated        18th June                    2012
 
 
CHRIS EVANS
Minister for Tertiary Education, Skills, Science and Research
 
1              Name of determination
                This determination is the Education Services for Overseas Students (Calculation of unspent pre-paid fees – other cases) Determination 2012 (No. 1).
 
2              Commencement
                This determination commences at the same time as item 2 of the table under subsection 2(1) of the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012.
3              Definitions
                In this determination:
Act means the Education Services for Overseas Students Act 2000.
Pre-paid fees has the same meaning as it has in section 5 of the Act.
Course has the same meaning as it has in section 5 of the Act.
 
4              Calculation of the amount of unspent pre-paid fees – other cases
The amount of unspent pre-paid fees that the provider must refund the student for the purpose of subsection 47E(2) of the Act is the total amount of the pre-paid fees the provider received for the course in respect of the student less the following amount:
 
the lesser of:
 
(a)    5% of the total amount of pre-paid fees that the provider received in respect of the student for the course before the default day; or
 
(b)   the sum of $500.