Australian Capital Territory Numbered Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS (NO. 77 OF 1994) - SECT 22

22. (1) A private provider shall, within 28 days after the conclusion of each reporting period, give to the Chief Executive in respect of each trust account maintained by the provider a return that—

        (a)     is in the prescribed form;

        (b)     is signed—

              (i)     if the provider is a natural person—by that person or by another person authorised by the first-mentioned person to sign the return; or

              (ii)     otherwise—by the principal executive officer of the provider or by a person authorised by the principal executive officer to sign the return;

        (c)     contains the prescribed particulars in relation to transactions in respect of that account during that reporting period; and

        (d)     is accompanied by a report by a registered company auditor stating whether, in the opinion of the auditor—

              (i)     the particulars in the return are correct; and

              (ii)     the provider has complied with the specified financial requirements.

(2) At any time during a reporting period a provider may notify the Chief Executive in writing of a new ending date for the provider's reporting periods.

(3) Where a provider has given notice in accordance with subsection (2)—

        (a)     if the next occurrence after notification of the new ending date is more than 12 months after the start of the current period—

              (i)     the current period ends on the date it would have ended had no new ending date been notified;

              (ii)     the provider's next reporting period starts on the date after the end of the current period and ends on the new ending date; and

              (iii)     after the reporting period referred to in subparagraph (ii), the provider's reporting periods are periods of 12 months ending on the new ending date; or

        (b)     in any other case—

              (i)     the current period is replaced by a reporting period starting at the start of the current period and ending on the new ending date; and

              (ii)     after the reporting period referred to in subparagraph (i), the provider's reporting periods are periods of 12 months ending on the new ending date.

(4) If the Chief Executive believes on reasonable grounds that a private provider may have—

        (a)     failed to comply with the requirements of subsection (1);

        (b)     failed to comply with the specified financial requirements; or

        (c)     provided a return which contains misleading or deceptive information;

the Chief Executive may, by written notice given to a provider, require the provider to give the Chief Executive such further information as he or she specifies.

(5) In this section—