Overseas Students (Refunds) Act 1990

Legislation au C2004A04059 Not in force Act

Legislation content

Overseas Students (Refunds) Act 1990

No. 128 of 1990

 

An Act to facilitate the refunding of payments made by
overseas students unable to undertake or complete courses
of study in Australia, and for other purposes

[Assented to 28 December 1990]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Overseas Students (Refunds) Act 1990.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.


Interpretation

3. In this Act, unless the contrary intention appears:

“assigned debt” means a debt that:

(a) was owed by an educational institution to an overseas student; and

(b) has been assigned to the Commonwealth;

“educational institution” has the meaning given in section 4;

“officer” has the same meaning as in the Public Service Act 1922;

“overseas student” means a person who has made payments to an educational institution in connection with a course of study at the institution and is not:

(a) an Australian citizen, a New Zealand citizen or a permanent resident of Australia; or

(b) a dependant of such a person;

“permanent resident” means a person who has been granted, or who is included in, an entry permit under the Migration Act 1958 that is in force, other than a temporary entry permit within the meaning of that Act;

“proceedings to which this Act applies” means proceedings taken by the Commonwealth in connection with the recovery of an assigned debt, being proceedings that take place at a time when the overseas student who assigned the debt is not in Australia.

Educational institutions

4. (1) An institution is an educational institution for the purposes of this Act if:

(a) the institution is in Australia; and

(b) the institution:

(i) is a higher education institution within the meaning of the Employment, Education and Training Act 1988; or

(ii) is a technical and further education institution within the meaning of that Act; or

(iii) is a school within the meaning of that Act (other than a primary school); or

(iv) is, or has been, engaged in the provision of education, and is determined in writing by the Minister to be an educational institution for the purposes of this Act.

(2) The Minister must inform an institution that is the subject of a determination under subparagraph (1) (b) (iv) that the determination has been made.

(3) The determination is a disallowable instrument for the purposes of section 46a of the Acts Interpretation Act 1901.


Power to obtain information and documents

5. (1) The Secretary of the Department, or an officer of the Department authorised in writing by the Secretary to issue notices under this section, may, by a notice in writing, require an educational institution, or an agent of an educational institution, to supply, within 14 days or such longer period specified in the notice:

(a) the particulars of overseas students who are,…

Overview

The Overseas Students (Refunds) Act 1990 was enacted by the Commonwealth Parliament to address the problem of ensuring that overseas students who are unable to undertake or complete their courses of study in Australia receive refunds for their payments. This legislation aims to facilitate the refunding process by establishing a framework for the recovery of debts owed by educational institutions to overseas students. The Act provides mechanisms for the assignment of debts to the Commonwealth, allowing for the efficient processing of refunds. It also includes provisions for the collection of necessary information from educational institutions and the establishment of the identity of overseas students, ensuring that the refund process is conducted in a fair and effective manner. The policy objective of the Act is to protect the interests of overseas students by providing a structured legal framework for the recovery and refund of their payments.

Scope and Application

The Overseas Students (Refunds) Act 1990 applies to overseas students who are not Australian citizens, New Zealand citizens, or permanent residents of Australia, and who have made payments to an educational institution in connection with a course of study in Australia. The Act applies to educational institutions in Australia, which include higher education institutions, technical and further education institutions, and secondary schools (excluding primary schools). The Act applies on a Commonwealth level and extends to proceedings taken by the Commonwealth in connection with the recovery of an assigned debt when the overseas student who assigned the debt is not in Australia. The Act allows for the assignment of debts from educational institutions to the Commonwealth, providing a mechanism for refunds to be made to overseas students unable to undertake or complete courses of study in Australia. The Act also provides for the power to obtain information and documents from educational institutions and sets out procedures for establishing the identity of assignors, the admission of statutory declarations in evidence, and the conduct of directors, servants, and agents in relation to offences under the Act. The Act may be extended or restricted through subordinate regulations made by the Governor-General, not inconsistent with the Act.

Key Provisions

  • The Overseas Students (Refunds) Act 1990 (the "Act") is designed to manage the process of refunding payments made by overseas students who are unable to complete their courses of study in Australia. The Act includes several key sections that outline the main provisions and requirements for educational institutions and the Commonwealth. Section 4 defines what constitutes an educational institution for the purposes of the Act, including higher education institutions, technical and further education institutions, and schools, among others. Section 5 provides the authority for the Secretary of the Department to require educational institutions to supply information about overseas students, including particulars of enrolment and financial transactions. Failure to comply with these notices, or providing false information, can result in significant penalties.
  • The Act imposes several obligations on educational institutions. Under Section 5, institutions must comply with notices issued by the Secretary of the Department, providing information about overseas students within the specified timeframe. The Act also requires institutions to assist in the identification of overseas students for the purpose of debt assignments, as outlined in Section 6. This involves following the procedures prescribed by the regulations for establishing the identity of assignors. Furthermore, the Act stipulates that the identity of an overseas student, once established according to the prescribed procedures, is taken to be valid unless proven otherwise (Section 7).
  • Breaches of the Act carry significant consequences. Section 5 outlines penalties for non-compliance with information requests, including fines of up to $3,000. Additionally, furnishing false or misleading information can result in imprisonment for up to 12 months. Section 9 also addresses the legal responsibility of directors, servants, and agents of educational institutions, holding them accountable for the actions taken within the scope of their employment or engagement. These provisions ensure that institutions adhere to the Act’s requirements and maintain the integrity of the refund process.

Legal classification tags

Area of Law
Education Law
Consumer Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.