Education Act 1989

  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
235B Refund requirements set by Gazette notice


The Minister must specify, by notice in the Gazette, for the purposes of refunds under section 235A,—




the end of the period within which an international student may withdraw from a programme or training scheme of 3 months’ duration or more and be entitled to a refund under that section; or


a means by which the end of that period may be calculated or ascertained; and


the maximum percentage of the payment or payments that an establishment may retain; and


the cost components of the fee total on which the maximum percentage is determined; and


the expenses or categories of expenses that the establishment must show that it has incurred in relation to an international student in order to deduct the maximum percentage.


Before giving notice in the Gazette under subsection (1), the Minister must, as the Minister considers appropriate, consult with any 1 or more of the following:


private training establishments:


sector and industry representative organisations:


any other relevant bodies.


A notice under this section is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Section 235B: inserted, on 30 August 2011, by section 32 of the Education Amendment Act 2011 (2011 No 66).

Section 235B(1)(a): replaced, on 13 February 2015, by section 22 of the Education Amendment Act 2015 (2015 No 1).

Section 235B(3): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).