Overseas Students (Refunds) (General) Regulations (Cth)
made under the
This compilation was prepared on 11 January 2001
taking into account amendments up to SR 1992 No. 425
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Page
• • • • • • • • • •
These Regulations may be cited as the Overseas Students (Refunds) (General) Regulations.
These Regulations are taken to have commenced on
28 December 1990.
(1) In these Regulations, unless the contrary intention appears:
Act means theOverseas Students (Refunds) Act 1990.
certificate means the certificate of identity set out in the Schedule.
certifying officer means a person in a class of persons determined by the Minister under paragraph 7 (3) (a) of the Act as a class of persons who may sign a certificate that the procedures prescribed in these Regulations have been followed.
claim form means an application to assign a debt.
debt , in relation to a student, means a debt owed to the student by an educational institution.
home country , in relation to a student, means the country of which the student is a citizen or permanent resident.
identity card , in relation to a student, means an identity card issued to the student by the Government of the country of which he or she is a citizen or permanent resident.
mission means:
(a) an Australian High Commission; or
(b) an Australian Embassy; or
(c) an Australian Consulate; or
(d) an Australian Consulate-General.
recovery proceedings 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.
statutory declaration means a statutory declaration made under theStatutory Declarations Act 1959 .
student means:
(a) an overseas student other than an overseas student to whom the Overseas Students (Refunds) (People’s Republic of China) Regulations apply; or
(b) a person claiming to be an overseas student of that kind;
who applies in a country other than Australia to assign a debt.
For the purposes of subsection 6 (1) of the Act, the procedures for establishing the identity of a student are the procedures set out in these Regulations.
(1) If a student wishes to assign a debt, he or she must provide to a mission:
(a) his or her claim form; and
(b) copies of other documents that help:
(i) to establish his or her identity; or
(ii) to support his or her application to assign the debt.
(2) A certifying officer must, in writing, invite the student to come to the mission specified in the invitation if:
(a) the student provides the claim form and documents to a mission; and
(b) the details in the claim form and documents relating to:
(i) the educational institution; and
(ii) the debt;
appear to be genuine.
(1) If the student wishes to proceed with assigning the debt, he or she must come to the mission referred to in his or her invitation.
(2) The student must bring:
(a) the invitation to come to the mission; and
(b) his or her passport; and
(c) his or her identity card; and
(d) if the information in the identity card is not in English — a translation, in English and the English alphabet, of the information; and
(e) if the student changed his or her name:
(i) after the debt was incurred; and
(ii) by an instrument that has legal effect in the country in which he or she changed his or her name;
the instrument.
(3) If the student changed his or her name after the debt was incurred, but not by an instrument that has legal effect in the country in which he or she changed his or her name, he or she must:
(a) make a statutory declaration before the certifying officer at the mission that the student has changed his or her name; and
(b) bring to the mission 2 written statements that the student has changed his or her name made by persons:
(i) who have known the student for a period of more than 2 years; and
(ii) who knew the student under his or her previous and current names; and
(iii) who are of good character.
(4) The student must allow a certifying officer:
(a) to inspect the invitation; and
(b) to inspect and make a copy of:
(i) the passport; and
(ii) the identity card and translation; and
(iii) any document providing evidence that the student has changed his or her name.
(1) The certifying officer must:
(a) inspect the invitation; and
(b) inspect the student’s identity card to ensure that the information in it is the same as the relevant information included in the student’s claim form and supporting documents; and
(c) make a copy of the passport, the identity card and any translation and any document providing evidence of the student’s change of name and return the originals to the student.
(2) If the student changed his or her name after the debt was incurred, but not by an instrument that has legal effect in the country in which he or she changed his or her name, the certifying officer must:
(a) contact the persons who provided written statements under paragraph 5 (3) (b); and
(b) ask each person:
(i) whether the person has known the student for a period of more than 2 years; and
(ii) whether the person made a statement on behalf of the student; and
(iii) whether the statement provided by the student is the statement that the person made.
(3) The certifying officer, or a person authorised by the officer, must ask the relevant authority of the Government of the country whose name appears on the student’s passport and identity card whether the documents were validly issued by the authority.
If the certifying officer is satisfied that the person who has come to the mission is the student:
(a) the certifying officer must complete Parts I and II of the certificate; and
(b) the student must sign Part I in the presence of the certifying officer; and
(c) the certifying officer must certify on the certificate that the student signed it in the officer’s presence.
If the assignment of the debt is to be accepted on behalf of the Commonwealth, a certifying officer must, in writing, invite the student to come to the mission specified in the invitation to assign the debt.
(1) If the student has been invited to come to a mission under regulation 8, he or she must:
(a) bring the invitation and the student’s identity card to the mission; and
(b) make a statutory declaration before a certifying officer to the effect that:
(i) the student is the person who applied to assign the debt; and
(ii) the information contained in the student’s claim form is correct; and
(c) allow the certifying officer:
(i) to inspect the invitation to go to the mission; and
(ii) to inspect and make a copy of the student’s identity card.
(2) The certifying officer:
(a) must inspect the invitation; and
(b) must inspect the student’s identity card to ensure that the information in it is the same as the relevant information included in the certificate and the student’s claim form; and
(c) must make a copy of the identity card and return the card to the student; and
(d) must certify on the copy that it is a true copy of the identity card; and
(e) if he or she is satisfied that the person is the student — must complete Part III of the certificate and sign the statutory declaration.
(1) A receipt issued to a person by an educational institution and produced in recovery proceedings is sufficient evidence that the person to whom the receipt is made out was, at the time that the receipt was issued, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(2) A claim form completed by a person and produced in recovery proceedings is sufficient evidence that the person referred to in the form was, at the time that the form was completed, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(3) A copy of a document provided by a person under paragraph 4 (1) (b) and produced in recovery proceedings is sufficient evidence that the person described in the document was, at the time that the document was provided, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(4) A copy of a passport produced by a person under paragraph 5 (2) (b) and produced in recovery proceedings is sufficient evidence that the person described in the passport was, at the time that the passport was produced, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(5) A copy of an identity card made under subparagraph 5 (4) (b) (ii) and produced in recovery proceedings is sufficient evidence that the person described on the card was, at the time that the card was certified, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(6) A copy made under subparagraph 5 (4) (b) (ii) of a translation of the information in an identity card, produced in recovery proceedings, is sufficient evidence that the person described in the translation was, at the time that the translation was signed, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(7) A copy of an instrument produced by a person under paragraph 5 (2) (e) and produced in recovery proceedings is sufficient evidence that the person described on the card was, at the time that the instrument was produced, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(8) A copy of a statutory declaration made by a person under paragraph 5 (3) (a) and produced in recovery proceedings is sufficient evidence that the person who made the declaration was, at the time that the declaration was made, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(9) A copy of a statement produced by a person under paragraph 5 (3) (b) and produced in recovery proceedings is sufficient evidence that the person who produced the statement was, at the time that it was produced, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(10) A certificate completed under regulation 7 and paragraph 9 (2) (e) and produced in recovery proceedings is sufficient evidence that the person described in the certificate was, at the time that the certificate was signed, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(11) A copy of a statutory declaration:
(a) made by a person under paragraph 9 (1) (b); and
(b) signed by a person under paragraph 9 (2) (e); and
(c) produced in recovery proceedings;
is sufficient evidence that the person who made the declaration was, at the time that the declaration was made, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.
(12) An application by a person for temporary entry to Australia as a student or a trainee, and produced in recovery proceedings is sufficient evidence that the person who signed the application was, at the time that the application was signed, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.(13) A copy of a letter:
(a) sent to a person by the Australian Embassy in Beijing; and
(b) advising the person of the result of the person’s application for temporary entry to Australia as a student or a trainee; and
(c) produced in recovery proceedings;
is sufficient evidence that the person was, at the time that the letter was signed, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.
(14) A copy of a deed of assignment to the Commonwealth of an amount of money that is claimed to be a debt, produced in recovery proceedings is sufficient evidence that the person who assigned the amount was, at the time that the deed was completed, and is, an overseas student for the purposes of the definition of
overseas student in section 3 of the Act.
(regulations 7 and 9)
CERTIFICATE OF IDENTITY
COMMONWEALTH OF AUSTRALIA
CERTIFICATE OF IDENTITY PURSUANT TO REGULATION 7 OF THE OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS
PART I (TO BE COMPLETED AT THE TIME THE CLAIM FORM IS SIGNED IN THE PRESENCE OF A CERTIFYING OFFICER)
I,………………………………………………………, STATE that:
(a) on the day and at the place specified below a male/female
1 person appeared before me claiming to be……………………………………………………………………………..
(family name) (given name(s))
born at………………………………………….on………………………..
(city and country) (date)
residing at………………………………………………………………….
(full address)
possessing…………………(country) Passport no………………………
2 possessing…………………(country) identity card no……..………
2 andwhose signature applied in my presence was……………..(signature); and
(b) the person who appeared before me presented the following evidence to establish his/her
1 identity, namely:(i)……………………………………………………………………..…..;
3
(evidence for the purposes of regulation 5)
(ii)…………………………………………………………………..…..;
3
(evidence for the purposes of regulation 9 — payment of monies)
Signed…………………………………Designation……………………………..
at………………………………………………on……………………………….
PART II (TO BE COMPLETED AFTER VALIDITY OF PASSPORT/ IDENTITY CARD HAS BEEN ESTABLISHED WITH THE RELEVANT ISSUING AUTHORITY)
I,…………………………………………………, STATE THAT the documents described in Part I (a) above have been verified as current by the relevant national issuing authority.
Signed…………………………………Designation……………………………..
at………………………………………………on……………………………….
PART III (TO BE COMPLETED AT THE TIME OF EXECUTION OF THE DEED OF ASSIGNMENT AND BEFORE PAYMENT OF THE REFUND)
I,…………………………………………….., a person within a class of persons determined in writing by the Minister for the purposes of section 7 of the Overseas Students (Refunds) Act 1990, hereby CERTIFY that on the day specified below I satisfied myself that the person nominated in Part I above is an overseas student and that the procedures prescribed in the Overseas Students (Refunds) (General) Regulations were followed.
CERTIFIED at………………………………(city)……………………………...
(country).
……………………………………………………………..……………………..
(signature)
for and on behalf of the Commonwealth of Australia.
On the……………………….day of……………………….199…
1 Delete whichever does not apply
2 Delete if not applicable
3 Insert description of the evidence presented as required by the Overseas Students (Refunds) (General) Regulations. A record of all steps taken to authenticate evidence of identity is to be made, signed and dated by the certifying officer and held with the records of the refund maintained by the certifying officer.
The Overseas Students
(Refunds) (General) Regulations (in force under the
1992 No. 26 | 7 Feb 1992 | 28 Dec 1990 | |
1992 No. 425 | 24 Dec 1992 | R. 3: 7 Feb 1992 Remainder: 24 Dec 1992 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 1A....................................... | ad. 1992 No. 425 |
R. 2.......................................... | am. 1992 No. 425 |
R. 10........................................ | ad. 1992 No. 425 |
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