Overseas Students (Refunds) (People's Republic of China) Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting
with the advice of the Federal Executive Council, make the following
Regulations under the
Dated 17 December 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
KIM BEAZLEY
Minister of State for Employment, Education and Training
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1.1 Regulation 3 is taken to have commenced on 17 September 1991.
1.2 Regulation 5 is taken to have commenced on 28 December 1990.
[NOTE: The remainder of these Regulations commence
on gazettal: see
2.1 The Overseas Students (Refunds) (People’s Republic of China) Regulations are amended as set out in these Regulations.
3.1 After regulation 1, insert:
“1a. These Regulations are taken to have commenced on 28 December 1990.”.
4.1 Insert the following definition:
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5.1 Subregulation 5 (2):
Omit “signed by the student in the presence of”, substitute “signed by”.
5.2 Subregulation 5 (4):
Omit the subregulation.
6.1 Add at the end of the Regulations:
(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.
A certificate referred to in subparagraph 5 (1) (a) (i) 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.
A translation of a certificate referred to in subparagraph 5 (1) (a) (ii) and 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.
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.
A copy of a document provided by a person under paragraph 5 (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.
A copy of a passport produced by a person in the course of making an application to assign a debt 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.
A copy of an identity card certified under paragraph 6 (3) (d) 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.
A copy of a statutory declaration made by a person under paragraph 6 (2) (b) 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.
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.
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.
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.
A certificate under subsection 7 (2) of the Act, 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.
A schedule to a certificate under subsection 7 (2) of the Act, produced in recovery proceedings, is sufficient evidence that the persons described in the schedule were, at the time that the certificate was signed, and are, overseas students for the purposes of the definition of ‘overseas student’ in section 3 of the Act.”.
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1. Notified in the
Commonwealth of Australia Gazette on 24 December 1992.
2. Statutory Rules 1991 No. 284.
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