Commonwealth Numbered Regulations

1994 No. 282 EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND FINANCIAL REGULATION) REGULATIONS (AMENDMENT) - REG 4

4.1 Paragraph 9 (1) (b): Omit the paragraph, substitute:

"(b) the provider has a written agreement with each student for the course
under which the student is required to pay course money only:

        (i)    after the full course, or a part of the course in respect of
               which another provider will give credit in a course of
               education or training, has been provided; and

        (ii)   in respect of other goods and services-after those goods and
               services have been provided; or".

4.2 Subregulations 9 (2) and (3): Omit the subregulations, substitute:



"(2) A provider who is not exempt from the requirements of section 7A of the
Act under regulation 8 or subregulation (1) is exempt from those requirements
if the Minister is satisfied that the provider:

   (a)  is not a member of a TAS because the provider:

        (i)    is unable to become a member because of the special nature of
               the course offered by the provider; or

        (ii)   in the circumstances, cannot reasonably be expected to become a
               member; or

        (iii)  does not wish to become a member; and

   (b)  has obtained, for each student who has paid course money in advance,
        an insurance policy that complies with regulation 15 or:

        (i)    a bank guarantee within the meaning of the Banking Act 1959; or

        (ii)   a guarantee from an organisation that, in relation to the
               provider, is a parent organisation; that offers each student
               indemnity equivalent to that provided by an insurance policy
               that complies with regulation 15.



"(3) For the purposes of subregulation (2), the provider must give the
Minister written notice explaining the provider's inability or unwillingness
to become a member of a TAS, and a copy of the insurance policy or the
instrument of guarantee:

   (a)  if, at the time this regulation commences, the provider is registered
        in respect of the course, or has applied for registration in respect
        of the course and the application has not been refused-before 30
        November 1994; or

   (b)  in any other case-when the provider applies for registration in
        respect of the course.



"(4) The notice must include the name of each student indemnified by the
policy or guarantee.".