Document ID: chunk:federal_register_of_legislation:C2004A04669:body:0:p5
Version: federal_register_of_legislation:C2004A04669
Segment Type: other
Provision Reference: 
Character Range: 9900–12772

to make refunds

  7. Section 7 of the Principal Act is repealed.

Insertion of new section

  8. Before section 8 of the Principal Act the following section is inserted:

Provider must be member of tuition assurance scheme

"7A.(1) After the end of 2 months after the commencement of this section, a provider must at all times:

     (a) be a member of a tuition assurance scheme established in accordance with the regulations; and

  (b) comply with the rules of the scheme.

"(2) A provider who is not a member of a tuition assurance scheme as required by subsection (1) contravenes that subsection even though the reason for not being a member is that:

  (a) the provider's application for membership was rejected; or

  (b) the provider's membership of a scheme has been cancelled.

"(3) The regulations may make provision for or in relation to exempting providers from the requirements of this section.

  "(4) In this section:

'tuition assurance scheme' means a scheme whose main objects include ensuring that overseas students receive the education or training for which they have paid.".

Returns and other information

  9.(1) Section 8 of the Principal Act is amended:

     (a) by omitting from subsection (1) "financial year" (wherever occurring) and substituting "reporting period";

  (b) by inserting after subsection (1) the following subsection:

     "(1A) At any time during a reporting period (the 'current period') a provider may notify the Secretary in writing of a new ending date for the provider's reporting periods. The effect of the notification is as follows:

       (a) if the next occurrence (after notification) of the new ending date is more than 12 months after the start of the current period:

             (i) the current period remains in effect; and

             (ii) the provider's next reporting period starts after the end of the current period and ends on the new ending date; and

             (iii) after that, the provider's reporting periods are periods of 12 months ending on the new ending date;

      (b) in any other case:

             (i) the current period is replaced by the period from the start of the current period to the new ending date; and

             (ii) after that, the provider's reporting periods are periods of 12 months ending on the new ending date.";

    (c) by omitting from paragraph (2)(c) "an annual return" and substituting "a return";

    (d) by omitting from subsection (3) "a particular year or particular years" and substituting "a particular reporting period or periods";

  (e) by adding at the end the following subsection:

      "(4) In this section:

     'reporting period', in relation to a provider, means a financial year or some other period that applies to the provider under subsection (1A).".

  (2) Section 8 of the Principal Act is amended:

    (a) by omitting from