Document ID: chunk:federal_register_of_legislation:C2014C00181:clause:1_45
Version: federal_register_of_legislation:C2014C00181
Segment Type: clause
Provision Reference: sch 1 cl 45
Character Range: 75784–77772

45  Transitional—defaults before commencement
(1) This item sets out what happens if:
 (a) before this item commences:
 (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 at a location; and
 (b) by the time this item commences:
 (i) the student has not accepted an alternative course in accordance with Division 2 of Part 3, or Division 5 of Part 5, of the ESOS Act (as in force immediately before this item commences); and
 (ii) the student has not been provided with a refund under one of those Divisions.
(2) Despite the repeal of Division 2 of Part 3, and Division 5 of Part 5, of the ESOS Act by this Schedule, those Divisions (except subsections 31(4) to (5)) (as in force immediately before this item commences) continue to apply after this item commences, in relation to the default, with the following changes:
 (a) references in those Divisions to the Fund Manager are taken to be references to the TPS Director;
 (b) references in those Divisions to the Fund are taken to be references to the Overseas Students Tuition Fund;
 (c) section 77 of the ESOS Act applies as if it required the TPS Director to comply with that section within:
 (i) the period of 30 days of a call being made on the Fund; or
 (ii) if the TPS Director determines that exceptional circumstances apply—any longer period determined in writing by the TPS Director, and agreed to by the student;
 (d) the TPS Director may pay an amount in relation to a student under section 77 of the ESOS Act without having attempted to place the student in a suitable alternative course.
(3) For the purposes of section 52C of the ESOS Act (as inserted by this Schedule), making a payment under section 77 of the ESOS Act (as continued by this item) is taken to be a purpose of the Overseas Students Tuition Fund.

Division 3—The old Fund and the OSTF