Education (Export Education Levy) Amendment Act 2004

4 Purpose and administration of export education levy
  • (1) Section 238I(1) of the principal Act is amended by inserting, after paragraph (a), the following paragraph:

    • (ab) the making of payments as set out in subsections (1A) and (1B):.

    (2) Section 238I is amended by inserting, after subsection (1), the following subsections:

    • (1A) Subsection (1B) applies if—

      • (a) an international student is or was enrolled with a private training establishment for a course of study or training; and

      • (b) at the time of the student's enrolment the private training establishment held a current registration under Part 18; and

      • (c) the private training establishment has not, cannot, or will not provide, in whole or in part, the course of study or training.

    • (1B) If this subsection applies, the funds of the levy may be used for any of the following:

      • (a) to make payment to any person to ensure the reimbursement of the student, in whole or in part, for tuition fees or for any payment other than tuition fees made by or on behalf of that student to the private training establishment in respect of the student's course of study or training if, and to the extent that,—

        • (i) the private training establishment has not refunded the tuition fees or other payment; and

        • (ii) the agency responsible for the administration of the levy approves the reimbursement of the student as necessary and appropriate in the circumstances:

      • (b) with the approval of the Minister, to reimburse the Crown for any sum provided by the Crown and paid to any person to ensure the reimbursement of the student, in whole or in part, for tuition fees or for any payment other than tuition fees made by or on behalf of that student to the private training establishment in respect of the student's course of study or training if, and to the extent that,—

        • (i) the private training establishment had not refunded the tuition fees or other payment; and

        • (ii) the agency responsible for the administration of the levy approved the reimbursement of the student as necessary and appropriate in the circumstances:

      • (c) with the approval of the Minister, to reimburse, in whole or in part, the agency responsible for the administration of the levy, or any Crown entity, for—

        • (i) costs incurred by that agency or Crown entity in placing the student with an alternative provider; or

        • (ii) other costs incurred by that agency or Crown entity as a direct result of the private training establishment not providing the course of study or training.