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EDUCATION SERVICES FOR OVERSEAS STUDENTS REGULATIONS 2001 2001 No. 96 - REG 3.18

Providers who are exempt from paying annual Fund contributions

(1) For paragraph 24 (2) (c) of the Act, the following providers are exempt from the requirement to pay annual Fund contributions in a calendar year:
(a) a provider who, throughout the year, is administered by:

(i)
the council of a TAFE college established under the Vocational Education and Training Act 1990 of Victoria; or
(ii)
the governing board of an adult education institution established under the Adult, Community and Further Education Act 1991 of Victoria;
(b)
a provider who satisfies subregulation (2) or (3) for each accepted student of the provider throughout the year.

(2) A provider satisfies this subregulation for an accepted student if:

(a)
any tuition fees payable for the student to undertake a full course provided by the provider are payable after the student has completed the full course; and

(b)
the provider has a tuition payment in arrears agreement with the student.

(3) A provider satisfies this subregulation for an accepted student if:

(a)
any tuition fees payable for the student to undertake a part of a course provided by the provider are payable after the student has completed the part of the course; and

(b)
the provider has a tuition payment in arrears agreement with the student; and

(c)
the provider has a current credit transfer agreement; and

(d)
the provider tells the student about the credit transfer agreement before the student starts the course.

(4) For paragraphs (2) (b) and (3) (b), a tuition payment in arrears agreement must:

(a)
be in writing; and

(b)
be made before the agreed starting day of the course; and

(c) set out the following information about the course for which the student is accepted:

(i)
the duration, level and field of study of the course;
(ii)
the cost of the course;
(iii)
the alphanumeric code used to identify the course; and
(d)
set out the date or dates by which the student must pay any tuition fees payable for the course, or the part of a course (which must be after the student completes the course or part); and

(e) state that the provider may require payment of course money for items other than tuition fees before the student completes the course or part.
Examples of items for paragraph (e)
1 Books, equipment and other materials needed for the course.
2 Travel, accommodation and other domestic services provided to the student.
3 Health insurance cover for the student.
(5) For paragraph (3) (c), a credit transfer agreement must:

(a)
be in writing; and

(b)
be made between the provider ( original provider ) for the course ( original course ) and another provider ( alternative provider ) who provides a suitable alternative course to the original course; and

(c)
be made before the agreed starting day of the original course; and

(d)
provide that the alternative provider will accept an application by an accepted student of the original provider to transfer to the alternative course if the original provider is unable to provide the original course or the part of the original course; and

(e) provide that, if the accepted student of the original provider completes the part of the original course, the part and the grade awarded for it by the original provider will be recognised by the alternative provider as if:

(i)
the part of the course were provided to the student by the alternative provider; and
(ii)
the grade were awarded by the alternative provider; and
(f)
provide that no additional amount is payable to the alternative provider for the part of the course for which course money has been paid to the original provider.



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