Education Services for Overseas Students (Student default – discharge of obligations – requirements for a notice) 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 47H(5) of the Education Services for Overseas Students Act 2000 (the Act), specify the requirements for a notice for the purposes of section 47H 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 (Student default – discharge of obligations – requirements for a notice) 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.
Default has the meaning as it has in section 5 of the Act.
CoE means a confirmation of enrolment for a course issued by a provider to an overseas student or an intending overseas student.
PRISMS:   has the same meaning as Regulation 1.03 of the Education Services for Overseas Students Regulations 2001.
 
4              Requirements of a notice - Student default - discharge of provider obligations
For section 47H, the provider must enter, for each CoE, the information below into the specified fields in PRISMS:
 
(a)      If the provider has not met their obligation under the Act, the reasons for this;
 
(b)      If the provider has met their obligations under the Act and if so whether this was under 47D or 47E;
 
(c)       If their obligations were met in accordance with a claim under 47D(4):
                                                  (i)     The date the student’s claim was received.
                                                (ii)     The amount claimed by the student.
                                              (iii)     The amount paid by the provider.
                                              (iv)     The date the refund was paid.
                                                (v)     Whether or not the refund was paid in accordance with the written agreement between the provider and the student.
 
(d)       If their obligations were met under 47E:
                                                  (i)     The amount of the refund.
                                                (ii)     The date of the refund.
                                              (iii)     Confirmation that the refund amount was calculated in accordance with the Legislative Instrument made under section 47E(4).