Commonwealth Numbered Regulations

1992 No. 425 OVERSEAS STUDENTS (REFUNDS) (GENERAL) REGULATIONS (AMENDMENT) - REG 5

5.1 After regulation 9, insert:
Evidence in recovery proceedings

"10. (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.".