Document ID: chunk:federal_register_of_legislation:C2004A04669:body:0:p3
Version: federal_register_of_legislation:C2004A04669
Segment Type: other
Provision Reference: 
Character Range: 4984–7686

course includes:

  (a) tuition fees;

     (b) any amount that the provider is to pay, on behalf of the student, to Medibank Private or another prescribed hospital benefits organisation;

     (c) any other amount that the student had to pay in order to undertake the course;

'notified trust account' means an account that meets all the following requirements:

     (a) the account is a trust account maintained by the provider with a branch in Australia of a bank (within the meaning of the Banking Act 1959);

  (b) details of the account have been notified to the Secretary in writing;

  (c) the bank has been notified that the account is a trust account.

Refund if provider defaults

  "6B.(1) This section applies to a student in relation to a course if:

  (a) the course does not start on the agreed starting date; or

     (b) the provider ceases to provide the course at any time after it starts but before it is completed;

and the student has not withdrawn before the default date.

  "(2) The provider must pay the student the difference between:

     (a) the amounts received by the provider before the default date that the provider was required by subsection 6A(1) to pay into a notified trust account for the student in relation to the course (whether or not the provider actually paid the amounts into a notified trust account); and

     (b) any part of those amounts that the provider became entitled to withdraw from the account before the default date.

  "(3) The provider must pay within 2 weeks after the default date.

"(4) The student is entitled to recover the amount as a debt, by action in a court of competent jurisdiction.

"(5) If the provider has a liability apart from this section to pay an additional amount to the student, then this section does not affect that liability.

"(6) A provider who intentionally or recklessly contravenes this section is guilty of an offence punishable by imprisonment for up to 12 months.

  "(7) In this section:

'agreed starting date' means the date on which the course was scheduled to start, or a later date agreed between the provider and the student;

'default date' means:

  (a) the agreed starting date, if paragraph (1)(a) applies; or

  (b) the date on which the provider ceased to provide the course, if paragraph (1)(b) applies.

Refund if student defaults

  "6C.(1) This section applies to a student in relation to a course if:

     (a) the course starts on the agreed starting date, but the student does not start the course on that date (and has not previously withdrawn); or

     (b) the student withdraws from the course (either before or after the agreed starting date).

"(2) If the provider and student