Overseas Students (Refunds) (People's Republic of China) Regulations (Cth)

Overseas Students (Refunds) (People’s Republic of China) Regulations

Statutory Rules 1991 No. 284 as amended

made under the

Overseas Students (Refunds) Act 1990

This compilation was prepared on 10 January 2001

taking into account amendments up to SR 1992 No. 424

[Note: The enabling legislation of this Statutory Rules was repealed by Act No. 118 of 1999]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

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    1Citation [see Note 1]

 These Regulations may be cited as the Overseas Students (Refunds) (People’s Republic of China) Regulations.

1ACommencement

 These Regulations are taken to have commenced on 28 December 1990.

2Interpretation

• (1)

  In these Regulations, unless the contrary intention appears:

  Act means the Overseas Students (Refunds) Act 1990.

  Australian Consular Officer has the same meaning as in the Consular Fees Act 1955.

  Australian Diplomatic Officer has the same meaning as in the Consular Fees Act 1955.

  authorised person means a person authorised under regulation 3.

  certificate means a certificate provided to an authorised person under subparagraph 5 (1) (a) (i).

  claim form means an application to assign a debt.

  debt, in relation to an overseas student, means a debt owed to the student by an educational institution.

  diplomatic mission means:

  • (a)

    an Australian Embassy; or

  • (b)

    an Australian Consulate; or

  • (c)

    an Australian Consulate-General.

  identity card, in relation to an overseas student, means an identity card issued to the student by the Government of the People’s Republic of China.

  overseas student means:

  • (a)

    an overseas student referred to in regulation 4; or

  • (b)

    a person claiming to be an overseas student of that kind.

  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 the Statutory Declarations Act 1959.

3Authorised person

• (1)

  An Australian Consular Officer, or an Australian Diplomatic Officer, who is performing duties at a diplomatic mission in the People’s Republic of China is authorised to administer the procedures prescribed in these Regulations.

• (2)

  A person holding, occupying or performing the duties of the office of:

  • (a)

    Ambassador; or

  • (b)

    Consul; or

  • (c)

    Consul-General; or

  • (d)

    Charge d’Affaires;

   of Australia in the People’s Republic of China may authorise an Australian citizen, or a permanent resident, who is performing duties at a diplomatic mission in the People’s Republic of China to administer the procedures prescribed in these Regulations.

4Procedures prescribed for establishing the identity of an overseas student

 For the purposes of subsection 6 (1) of the Act, the procedures for establishing the identity of an overseas student:

• (a)

  who is a citizen of the People’s Republic of China; and

• (b)

  who is in the People’s Republic of China; and

• (c)

  who applies to assign to the Commonwealth a debt; and

• (d)

  from whom it is proposed that the Commonwealth accept the assignment of a debt;

 are prescribed in these Regulations.

5Certificate and relevant information

• (1)

  An overseas student:

  • (a)

    must provide to an authorised person in the People’s Republic of China:

    • (i)

      a certificate in accordance with subregulations (2) and (3); and

    • (ii)

      if the certificate is not in English — a translation, in English and the English alphabet, of its contents; and

    • (iii)

      the student’s claim form; and

  • (b)

    may provide to the authorised person copies of other documents that help:

    • (i)

      to establish the student’s identity; or

    • (ii)

      to support the student’s application to assign the debt.

• (2)

  The certificate must be signed by a person who performs the functions of a notary public under the laws of the People’s Republic of China.

• (3)

  The certificate must include:

  • (a)

    the student’s name; and

  • (b)

    the student’s gender; and

  • (c)

    the student’s nationality; and

  • (d)

    the student’s date of birth; and

  • (e)

    the student’s residential address; and

  • (f)

    the number and date of issue of the student’s identity card; and

  • (g)

    a statement that the student signed the claim form in the presence of the notary.

6Completion of identification procedure

• (1)

  If the assignment of the debt is to be accepted on behalf of the Commonwealth, an authorised person in the People’s Republic of China must, in writing, invite the overseas student to come to the diplomatic mission specified in the invitation.

• (2)

  The overseas student must:

  • (a)

    bring the invitation and the student’s identity card to the diplomatic mission; and

  • (b)

    make a statutory declaration before the authorised person 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 authorised person:

    • (i)

      to inspect the invitation to go to the diplomatic mission; and

    • (ii)

      to inspect and make a copy of the student’s identity card.

• (3)

  The authorised person:

  • (a)

    must inspect the invitation; and

  • (b)

    must inspect the overseas 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)

    must not sign the statutory declaration unless he or she is satisfied that the person is the overseas student.

7Statutory declaration

 For the purposes of paragraph 8 (2) (b) of the Act, a person who is an Australian citizen, or a permanent resident, and who is a member of the staff of an Australian embassy or consulate is specified.

Note   Paragraph 8 (2) (b) of the Act provides that a statutory declaration that is made before a person of a kind specified in the regulations is taken to have been made before a person of a kind specified in section 8 of the Statutory Declarations Act 1959.

8Evidence in recovery proceedings

• (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 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.

• (3)

  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.

• (4)

  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.

• (5)

  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.

• (6)

  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.

• (7)

  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.

• (8)

  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.

• (9)

  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.

• (10)

  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.

• (11)

  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.

• (12)

  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.

• (13)

  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.

Notes to the Overseas Students (Refunds) (People’s Republic of China) Regulations

Note 1

The Overseas Students (Refunds) (People’s Republic of China) Regulations (in force under the Overseas Students (Refunds) Act 1990) as shown in this compilation comprise Statutory Rules 1991 No. 284 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1991 No. 284	17 Sept 1991	28 Dec 1990
as amended by
1992 No. 424	24 Dec 1992	(see 1992 No. 424 below)	—
1992 No. 424	24 Dec 1992	R. 3: 17 Sept 1991 R. 5: 28 Dec 1990 Remainder: 24 Dec 1992	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1A.......................................	ad. 1992 No. 424
R. 2..........................................	am. 1992 No. 424
R. 5..........................................	am. 1992 No. 424
R. 8..........................................	ad. 1992 No. 424