Document ID: chunk:federal_register_of_legislation:C2014C00181:clause:1_46b
Version: federal_register_of_legislation:C2014C00181
Segment Type: clause
Provision Reference: sch 1 cl 46B
Character Range: 20695–22291

46B  Registered providers to notify of provider default
 (1) A registered provider must give notices in accordance with this section if the provider defaults in relation to one or more overseas students or intending overseas students and a course at a location.
Note: The Minister may take action under Division 1 of Part 6 against a registered provider that has breached this section.

Notifying Secretary and TPS Director
 (2) The provider must notify, in writing, the Secretary and the TPS Director of the default within 3 business days of the default occurring.
Note: For the definition of business day, see section 2B of the Acts Interpretation Act 1901.
 (3) The notice must include the following:
 (a) the circumstances of the default;
 (b) the details of the students in relation to whom the provider has defaulted;
 (c) advice as to:
 (i) whether the provider intends to discharge its obligations to those students under section 46D; and
 (ii) (if appropriate) how the provider intends to discharge those obligations.

Notifying students
 (4) The provider must also notify, in writing, of the default the students in relation to whom the provider has defaulted.

Notice requirements
 (5) A notice given under subsection (2) or (4) must comply with any requirements of a legislative instrument made under subsection (6).

Legislative instrument
 (6) The Minister may, by legislative instrument, specify requirements for a notice given under this section.

Former registered providers
 (7) This section continues to apply to a provider if the provider ceases to be a registered provider.