Commonwealth Numbered Regulations - Explanatory Statements

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OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS 1992 NO. 26

STATUTORY RULES 1992 No. 26

Issued by the Authority of the Minister for Employment, Education and Training

Overseas Students (Refunds) Act 1990

Overseas Students (Refunds) (General) Regulations

Section 11 of the Overseas Students (Refunds) Act 1990 provides that the Governor-General may make Regulations for the purposes of the Act and in particular to facilitate the Commonwealth in refunding fees prepaid by overseas students who were unable to undertake or complete courses of study in Australia.

The purpose of these Regulations is to provide the administrative procedures necessary to allow the Commonwealth to refund payments made by overseas students in countries other than the People's Republic of China who were unable to undertake or complete courses of study in Australia.

The Regulations describe in detail the procedures to establish the identity of the overseas student and define persons authorised to administer the procedures.

The students had paid fees in advance to educational institutions, but the institutions were either unable or unwilling to reimburse the students when they were unable to obtain a visa for entry to Australia. The Government decided in 1990 to refund the students and recover the assigned debt from the institutions concerned.

The proposed Regulations commenced on gazettal.