Document ID: chunk:federal_register_of_legislation:F2024L01231:clause:1_10
Version: federal_register_of_legislation:F2024L01231
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 3378–4826

10  Method for working out amount of refund in event of student visa refusal
 (1) For the purposes of subsection 47E(2) of the Act, if a registered provider is required to provide a refund to a student under subsection 47E(1) of the Act, and the provider is not required to pay a refund to the student because of subsection 47D(5) of the Act, the amount of a refund is calculated as set out in subsections (2) and (4).
 (2) If the student was refused a student visa and the refusal caused the student to fail to start the course at the location on the agreed day, consistent with subparagraph 47D(5)(b)(i) of the Act, the amount of a refund is calculated as the amount of the course fees, minus the lesser of the following amounts:
 (a) 5% of the amount of course fees received by the provider in respect of the student before the default day;
 (b) $500.
 (3) For the purposes of subsection (2), the course fees for a course is the sum of:
 (a) the tuition fees received by the provider in respect of the student; and
 (b) the non-tuition fees (if any) received by the provider in respect of the student.
       (4) If the student was refused a student visa and the refusal caused the student to withdraw from the course at that location, or fail to pay an amount that they were liable to pay the provider to undertake the course, consistent with subparagraphs 47D(5)(b)(ii) and (iii) of the Act, the amount of a refund is calculated as follows: