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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As read a third time
Education Services for Overseas
Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
A Bill for an Act to amend the Education Services
for Overseas Students Act 2000, and for related
purposes
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
4
Review of the operation of Part 7 of Schedule 1 (about
enrolment limits) ............................................................................... 2
Schedule 1--Amendments
4
Part 1--Education agents and commissions
4
Division 1--Amendments
4
Education Services for Overseas Students Act 2000
4
Division 2--Application of amendments
8
Part 2--Giving information to registered providers
10
Division 1--Amendments
10
Education Services for Overseas Students Act 2000
10
Division 2--Application of amendments
10
Part 3--Management of provider applications
11
Education Services for Overseas Students Act 2000
11
Part 4--Registration requirements
18
Division 1--Amendments
18
Education Services for Overseas Students Act 2000
18
Division 2--Application of amendments
19
Part 5--Automatic cancellation of registration
20
Education Services for Overseas Students Act 2000
20
Part 6--Investigation of offences
22
Division 1--Amendments
22
Education Services for Overseas Students Act 2000
22
Division 2--Application of amendments
22
Part 7--Enrolment limits
24
Division 1--Amendments
24
Education Services for Overseas Students Act 2000
24
ii
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Division 2--Application of amendments
40
Part 8--Automatic cancellation of specified courses
42
Division 1--Amendments
42
Education Services for Overseas Students Act 2000
42
Division 2--Application of amendments
45
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
1
T
HIS
Bill originated in the House of
1
Representatives; and, having this day passed,
2
is now ready for presentation to the Senate
3
for its concurrence.
4
C. A. SURTEES
5
Clerk of the House of Representatives
6
House of Representatives
7
13 August 2024
8
A Bill for an Act to amend the Education Services
9
for Overseas Students Act 2000, and for related
10
purposes
11
The Parliament of Australia enacts:
12
1 Short title
13
This Act is the
Education Services for Overseas Students
14
Amendment (Quality and Integrity) Act 2024
.
15
2 Commencement
16
(1) Each provision of this Act specified in column 1 of the table
17
commences, or is taken to have commenced, in accordance with
18
column 2 of the table. Any other statement in column 2 has effect
19
according to its terms.
20
21
2
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 July 2024.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
4 Review of the operation of Part 7 of Schedule 1 (about enrolment
12
limits)
13
(1) The Minister must cause a review to be conducted of the operation
14
of the amendments made by Part 7 of Schedule 1 to this Act.
15
(2) The Minister must ensure that:
16
(a) the review is conducted by an independent expert; and
17
(b) the independent expert has access to all relevant information
18
from the Department and providers.
19
(3) Without limiting the matters that may be considered when
20
conducting the review, the review must consider:
21
(a) the impact on providers of the enrolment limits resulting
22
from the amendments; and
23
(b) the impact of those enrolment limits on net overseas
24
migration to Australia and housing availability; and
25
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
3
(c) the impact of those enrolment limits on the quality of
1
education offered to international and local students.
2
(4) The review must commence in the first 6 months of 2026.
3
(5) The independent expert must give the Minister a written report of
4
the review within 6 months of the commencement of the review.
5
(6) The Minister must cause a copy of the report of the review to be
6
tabled in each House of the Parliament within 15 sitting days of
7
that House after the Minister receives the report.
8
Schedule 1
Amendments
Part 1
Education agents and commissions
4
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Schedule 1--Amendments
1
Part 1--Education agents and commissions
2
Division 1
--Amendments
3
Education Services for Overseas Students Act 2000
4
1 Section 5 (definition of agent)
5
Repeal the definition.
6
2 Section 5
7
Insert:
8
education agent
has the meaning given by section 6BA.
9
3 Section 5
10
Insert:
11
education agent commission
has the meaning given by
12
section 6BB.
13
4 After section 6B
14
Insert:
15
6BA Meaning of education agent
16
An
education agent
is an entity (whether within or outside
17
Australia) that:
18
(a) engages in any one or more of the following activities in
19
relation to a provider:
20
(i) the recruitment of overseas students, or intending
21
overseas students;
22
(ii) providing information, advice or assistance to overseas
23
students, or intending overseas students, in relation to
24
enrolment;
25
(iii) otherwise dealing with overseas students, or intending
26
overseas students; and
27
Amendments
Schedule 1
Education agents and commissions
Part 1
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
5
(b) is not a permanent full-time or part-time officer or employee
1
of the provider.
2
6BB Meaning of education agent commission
3
Education agent commission
means any consideration or benefit,
4
whether monetary or non-monetary, that:
5
(a) is or will be given, by, or on behalf of, a provider to an
6
education agent, or an associate of the education agent; and
7
(b) is in connection with:
8
(i) the recruitment of an overseas student or an intending
9
overseas student; or
10
(ii) any other activity in relation to an overseas student or an
11
intending overseas student mentioned in paragraph (a)
12
of the definition of education agent in section 6BA.
13
Note:
Examples of such consideration or benefits include fees, charges,
14
commissions, bonuses, performance payments, gifts, discounted or
15
free services, rewards and incentives.
16
5 After paragraph 7A(2)(g)
17
Insert:
18
(gaa) whether the provider, or an associate of the provider, has any
19
ownership or control (whether direct or indirect) of an
20
education agent, and if so, the value or extent of the
21
ownership or control; and
22
(gab) whether an education agent, or an associate of the education
23
agent, has any ownership or control (whether direct or
24
indirect) of the provider, and if so, the value or extent of the
25
ownership or control; and
26
6 After subsection 17A(4)
27
Insert:
28
(4A) A registered provider must notify the ESOS agency for the
29
provider if any of the following events occur:
30
(a) the provider, or an associate of the provider, begins to own or
31
control an education agent;
32
(b) there is a change in the ownership or control of an education
33
agent by the provider or an associate of the provider;
34
Schedule 1
Amendments
Part 1
Education agents and commissions
6
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
(c) an education agent, or an associate of the education agent,
1
begins to own or control the provider;
2
(d) there is a change in the ownership or control of the provider
3
by an education agent or an associate of the education agent.
4
(4B) Notice under subsection (4A) must be given within 10 business
5
days after the event occurs.
6
7 Section 21A (heading)
7
Before "
agents
", insert "
education
".
8
8 Paragraph 21A(1)(a)
9
Before "agents", insert "education".
10
9 Subsection 21A(2)
11
Before "agents", insert "education".
12
10 After section 21A
13
Insert:
14
21B Giving information about education agent commissions
15
Request for information about commissions
16
(1) The Secretary may request a registered provider to give specified
17
information about, or in relation to, education agent commissions,
18
given by, or on behalf of, the provider to one or more education
19
agents over a specified period (the
reporting period
) in connection
20
with the recruitment of accepted students of the provider.
21
(2) The request must:
22
(a) be in writing; and
23
(b) specify the reporting period; and
24
(c) specify the day by which the information is to be given; and
25
(d) specify the manner or form in which information is to be
26
given (including by requiring information to be entered in the
27
computer system established under section 109); and
28
(e) specify the documents (if any) which must accompany the
29
information.
30
Amendments
Schedule 1
Education agents and commissions
Part 1
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
7
(3) Without limiting subsection (1), the information may relate to one
1
or more of the following:
2
(a) the total amount in dollars given to each education agent;
3
(b) the value and description of non-monetary benefits given to
4
each education agent;
5
(c) the number of accepted students of the provider recruited by
6
each education agent.
7
(4) The day specified for the purposes of paragraph (2)(c) must be at
8
least 30 days after the request is given to the provider.
9
Provider must comply with request
10
(5) The registered provider must comply with the request before:
11
(a) the day specified in the request; or
12
(b) any later day allowed by the Secretary.
13
Note 1:
If a registered provider breaches this section, the ESOS agency for the
14
provider may take action under Division 1 of Part 6 against the
15
provider.
16
Note 2:
It is an offence to provide false or misleading information in
17
complying or purporting to comply with this section: see section 108.
18
(6) If specified in the request, a registered provider must give the
19
information required by this section by entering the information in
20
the computer system established by the Secretary under
21
section 109.
22
Offence
23
(7) A registered provider who fails to comply with subsection (5)
24
commits an offence.
25
Penalty: 60 penalty units.
26
(8) An offence under subsection (7) is an offence of strict liability.
27
Note:
For strict liability, see section 6.1 of the
Criminal Code
.
28
(9) Section 4K (continuing offences) of the
Crimes Act 1914
does not
29
apply in relation to an offence under subsection (7) of this section.
30
Schedule 1
Amendments
Part 1
Education agents and commissions
8
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
11 Paragraph 38(d)
1
Omit "their agents", substitute "education agents".
2
12 Paragraph 86(1)(d)
3
Before "agent", insert "education".
4
13 After paragraph 108(b)
5
Insert:
6
(c) section 21B (giving information about education agent
7
commissions);
8
14 After paragraph 132(1)(d)
9
Insert:
10
(da) subsection 21B(7);
11
15 Subsection 175(3)
12
Omit "agents of providers", substitute "education agents".
13
16 Subsection 175(4) (heading)
14
Before "
agents
", insert "
education
".
15
17 Subsection 175(4)
16
Omit "agents of providers", substitute "education agents".
17
18 Paragraphs 175(5)(a), (b) and (c)
18
Before "agent", insert "education".
19
19 Paragraph 175(5)(d)
20
Before "agents", insert "education".
21
Division 2
--Application of amendments
22
20 Application of amendments
23
(1)
The amendments of section 7A of the
Education Services for Overseas
24
Students Act 2000
made by Division 1 of this Part apply in relation to:
25
(a) applications for registration made on or after the
26
commencement of that Division; and
27
Amendments
Schedule 1
Education agents and commissions
Part 1
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
9
(b) applications for registration made before the commencement
1
of that Division but not yet decided as at that
2
commencement; and
3
(c) providers registered before, on or after the commencement of
4
that Division.
5
(2)
The amendments of section 17A of the
Education Services for Overseas
6
Students Act 2000
made by Division 1 of this Part apply in relation to
7
providers registered before, on or after the commencement of that
8
Division.
9
(3)
The insertion of section 21B of the
Education Services for Overseas
10
Students Act 2000
made by Division 1 of this Part applies whether or
11
not:
12
(a) the reporting period starts before, on or after the
13
commencement of that Division; or
14
(b) the education agent commission is given before, on or after
15
that commencement.
16
Schedule 1
Amendments
Part 2
Giving information to registered providers
10
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Part 2--Giving information to registered providers
1
Division 1
--Amendments
2
Education Services for Overseas Students Act 2000
3
21 After paragraph 175(3)(b)
4
Insert:
5
; or (c) protecting and enhancing Australia's reputation for quality
6
education and training services for accepted students;
7
22 At the end of section 175
8
Add:
9
(6) Without limiting subsection (3) or (5), the information given under
10
subsection (3) may relate to:
11
(a) the number of transfers of accepted students, recruited or
12
otherwise dealt with by an education agent, from one
13
provider or registered provider to a different provider or
14
registered provider; or
15
(b) the number of transfers of accepted students, recruited or
16
otherwise dealt with by an
education agent, from one course
17
to a different course; or
18
(c) information about education agent commissions in
19
connection with the recruitment of accepted students.
20
Division 2
--Application of amendments
21
23 Application of amendments
22
The amendments of section 175 of the
Education Services for Overseas
23
Students Act 2000
made by Division 1 of this Part apply in relation to
24
information given on or after the commencement of that Division,
25
regardless of when the information was obtained or received.
26
Amendments
Schedule 1
Management of provider applications
Part 3
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
11
Part 3--Management of provider applications
1
Education Services for Overseas Students Act 2000
2
24 Section 5
3
Insert:
4
processing activity
means:
5
(a) performance of a function or exercise of a power under or for
6
the purposes of this Act; or
7
(b) an act connected with performing functions or exercising
8
powers under or for the purposes of this Act.
9
25 Section
8A (after the paragraph beginning "Division 4")
10
Insert:
11
•
Division 5 provides for the Minister to suspend the making or
12
processing of applications for registration or adding courses to
13
registration.
14
26 Subsection 9(1)
15
Omit "A provider", substitute "Subject to section 14E, a provider".
16
27 At the end of subsection 9(1)
17
Add:
18
Note:
Under section 14E, the Minister may determine that no applications
19
for registration may be made until after a specified day.
20
28 At the end of subsection 10(1)
21
Add:
22
Note:
The Minister may determine that the ESOS agency for a provider is
23
not required to, or must not, deal with applications for registration for
24
a period (see section 14C).
25
29 Paragraph 10D(2)(a)
26
Omit "register provider", substitute "registered provider".
27
Schedule 1
Amendments
Part 3
Management of provider applications
12
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
30 Subsection 10H(1)
1
Omit "A registered provider", substitute "Subject to section 14F, a
2
registered provider".
3
31 At the end of subsection 10H(1)
4
Add:
5
Note:
Under section 14F, the Minister may determine that no applications to
6
add one or more courses at one or more locations may be made until
7
after a specified day.
8
32 At the end of subsection 10J(1)
9
Add:
10
Note:
The Minister may determine that the ESOS agency for a provider is
11
not required to, or must not, deal with applications to add one or more
12
courses at one or more locations for a period (see section 14D).
13
33 At the end of Part 2
14
Add:
15
Division 5--Suspension of applications for registration
16
14C Minister may suspend processing of applications for
17
registration
18
ESOS agency is not required to do any processing activity
19
(1) The Minister may, by legislative instrument, determine that an
20
ESOS agency for a provider is not required to deal with
21
applications made under section 9 until after a day specified in the
22
instrument.
23
Note:
Section 9 provides that a provider may apply to be registered to
24
provide a course or courses at a location or locations to overseas
25
students.
26
(2) Between the day an instrument made under subsection (1)
27
commences and the day specified in the instrument, the ESOS
28
agency for the provider is not required to do any processing
29
activity in relation to an application to which the instrument
30
applies.
31
Amendments
Schedule 1
Management of provider applications
Part 3
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
13
ESOS agency must not do any processing activity
1
(3) The Minister may, by legislative instrument, determine that an
2
ESOS agency for a provider must not deal with applications made
3
under section 9 until after a day specified in the instrument.
4
(4) Between the day an instrument made under subsection (3)
5
commences and the day specified in the instrument, the ESOS
6
agency for the provider must not do any processing activity in
7
relation to an application to which the instrument applies.
8
Instruments under this section
9
(5) The day specified in an instrument made under subsection (1) or
10
(3) must not be more than 12 months after the day the instrument
11
commences.
12
(6) An instrument made under subsection (1) or (3) of this section may
13
be expressed to apply to:
14
(a) all applications made under section 9 or one or more classes
15
of applications made under that section; and
16
(b) applications under that section made before or after the
17
commencement of the instrument (or both); and
18
(c) applications under that section made before or after the
19
commencement of this section (or both).
20
Note:
For specification by class, see subsection 13(3) of the
Legislation Act
21
2003
.
22
(7) Despite subsection 14(2) of the
Legislation Act 2003
, an instrument
23
made under subsection (1) or (3) of this section may make
24
provision in relation to a matter by applying, adopting or
25
incorporating, with or without modification, any matter contained
26
in an instrument or other writing as in force or existing from time
27
to time.
28
(8) Section 42 (disallowance) of the
Legislation Act 2003
does not
29
apply to a legislative instrument made under subsection (1) or (3).
30
Schedule 1
Amendments
Part 3
Management of provider applications
14
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
14D Minister may suspend processing of applications to add courses
1
to registration
2
ESOS agency is not required to do any processing activity
3
(1) The Minister may, by legislative instrument, determine that an
4
ESOS agency for a registered provider is not required to deal with
5
applications made under section 10H until after a day specified in
6
the instrument.
7
Note:
Section 10H provides that a registered provider may apply to add one
8
or more courses at one or more locations to the provider's registration.
9
(2) Between the day an instrument made under subsection (1)
10
commences and the day specified in the instrument, the ESOS
11
agency for the provider is not required to do any processing
12
activity in relation to an application to which the instrument
13
applies.
14
ESOS agency must not do any processing activity
15
(3) The Minister may, by legislative instrument, determine that an
16
ESOS agency for a registered provider must not deal with
17
applications made under section 10H until after a day specified in
18
the instrument.
19
(4) Between the day an instrument made under subsection (3)
20
commences and the day specified in the instrument, the ESOS
21
agency for the provider must not do any processing activity in
22
relation to an application to which the instrument applies.
23
Instruments under this section
24
(5) The day specified in an instrument made under subsection (1) or
25
(3) must not be more than 12 months after the day the instrument
26
commences.
27
(6) An instrument made under subsection (1) or (3) of this section may
28
be expressed to apply to:
29
(a) all applications made under section 10H or one or more
30
classes of applications made under that section; and
31
(b) applications under that section made before or after the
32
commencement of the instrument (or both); and
33
Amendments
Schedule 1
Management of provider applications
Part 3
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
15
(c) applications under that section made before or after the
1
commencement of this section (or both).
2
Note:
For specification by class, see subsection 13(3) of the
Legislation Act
3
2003
.
4
(7) Despite subsection 14(2) of the
Legislation Act 2003
, an instrument
5
made under subsection (1) or (3) of this section may make
6
provision in relation to a matter by applying, adopting or
7
incorporating, with or without modification, any matter contained
8
in an instrument or other writing as in force or existing from time
9
to time.
10
(8) Section 42 (disallowance) of the
Legislation Act 2003
does not
11
apply to a legislative instrument made under subsection (1) or (3).
12
14E Minister may suspend making of applications for registration
13
(1) The Minister may, by legislative instrument, determine that no
14
applications may be made under section 9 until after a day
15
specified in the instrument.
16
Note:
Section 9 provides that a provider may apply to be registered to
17
provide a course or courses at a location or locations to overseas
18
students.
19
(2) An application under section 9 is invalid if:
20
(a) the application is made between the day an instrument made
21
under subsection (1) of this section commences and the day
22
specified in the instrument; and
23
(b) the application is an application to which the instrument
24
applies.
25
(3) The day specified in an instrument made under subsection (1) must
26
not be more than 12 months after the day the instrument
27
commences.
28
(4) An instrument made under subsection (1) of this section may be
29
expressed to apply to all applications that may be made under
30
section 9 or one or more classes of application that may be made
31
under that section.
32
Note:
For specification by class, see subsection 13(3) of the
Legislation Act
33
2003
.
34
Schedule 1
Amendments
Part 3
Management of provider applications
16
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
(5) Despite subsection 14(2) of the
Legislation Act 2003
, an instrument
1
made under subsection (1) of this section may make provision in
2
relation to a matter by applying, adopting or incorporating, with or
3
without modification, any matter contained in an instrument or
4
other writing as in force or existing from time to time.
5
(6) Section 42 (disallowance) of the
Legislation Act 2003
does not
6
apply to a legislative instrument made under subsection (1).
7
14F Minister may suspend making of applications to add courses to
8
registration
9
(1) The Minister may, by legislative instrument, determine that no
10
applications may be made under section 10H until after a day
11
specified in the instrument.
12
Note:
Section 10H provides that a registered provider may apply to add one
13
or more courses at one or more locations to the provider's registration.
14
(2) An application under section 10H is invalid if:
15
(a) the application is made between the day an instrument made
16
under subsection (1) of this section commences and the day
17
specified in the instrument; and
18
(b) the application is an application to which the instrument
19
applies.
20
(3) The day specified in an instrument made under subsection (1) must
21
not be more than 12 months after the day the instrument
22
commences.
23
(4) An instrument made under subsection (1) of this section may be
24
expressed to apply to all applications that may be made under
25
section 10H or one or more classes of application that may be
26
made under that section.
27
Note:
For specification by class, see subsection 13(3) of the
Legislation Act
28
2003
.
29
(5) Despite subsection 14(2) of the
Legislation Act 2003
, an instrument
30
made under subsection (1) of this section may make provision in
31
relation to a matter by applying, adopting or incorporating, with or
32
without modification, any matter contained in an instrument or
33
other writing as in force or existing from time to time.
34
Amendments
Schedule 1
Management of provider applications
Part 3
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
17
(6) Section 42 (disallowance) of the
Legislation Act 2003
does not
1
apply to a legislative instrument made under subsection (1).
2
14G Requirements before making instruments under this Division
3
(1) Before the Minister makes an instrument under any of
4
sections 14C, 14D, 14E or 14F, the Minister must consult with
5
each of the following:
6
(a) TEQSA;
7
(b) the National VET Regulator;
8
(c) the Secretary;
9
(d) if the Minister has determined that an entity (other than an
10
entity mentioned in paragraph (a), (b) or (c)) is an ESOS
11
agency for a provider or a registered provider under
12
subsection 6C(2)--that entity.
13
(2) If the Minister does not administer the
National Vocational
14
Education and Training Regulator Act 2011
, the Minister must not
15
make an instrument under any of sections 14C, 14D, 14E or 14F
16
without the written agreement of the Minister who administers that
17
Act.
18
34 After subsection 170(1)
19
Insert:
20
(1A) Subsection (1) does not apply in relation to the following
21
provisions:
22
(a) subsections 14C(1) and (3), 14D(1) and (3), 14E(1) and
23
14F(1) (suspension of applications for registration);
24
(b) subsection 26B(1) (Minister may impose total enrolment
25
limits by legislative instrument);
26
(c) subsection 26E(1) (Minister may impose course enrolment
27
limits by legislative instrument);
28
(d) subsection 96B(1) (Minister may make instrument specifying
29
courses).
30
Schedule 1
Amendments
Part 4
Registration requirements
18
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Part 4--Registration requirements
1
Division 1
--Amendments
2
Education Services for Overseas Students Act 2000
3
35 Section 5
4
Insert:
5
study period
means a period of study within a course that meets the
6
requirements (if any) set out in the national code.
7
Note:
Examples of study periods include terms and semesters.
8
36 Section 11
9
Omit "A provider", substitute "(1) A provider".
10
37 After paragraph 11(f)
11
Insert:
12
(fa) if the provider is not:
13
(i) an exempt provider; or
14
(ii) a registered provider; or
15
(iii) a provider that provides only an ELICOS or a
16
Foundation Program; or
17
(iv) a Table A provider (within the meaning of the
Higher
18
Education Support Act 2003)
;
19
the provider satisfies subsection (2); and
20
38 At the end of section 11
21
Add:
22
(2) A provider satisfies this subsection if the provider has provided one
23
or more courses for consecutive study periods totalling at least 2
24
years
at a location or locations to students in Australia other than
25
overseas students.
26
Note:
For the definition of
study period
, see section 5.
27
Amendments
Schedule 1
Registration requirements
Part 4
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
19
(3) For the purposes of subsection (2), a break that ordinarily occurs,
1
or could reasonably be expected to ordinarily occur, during or
2
between one or more study periods:
3
(a) counts towards the total of 2 years; and
4
(b) does not prevent study periods from being consecutive.
5
Note:
Such breaks may include weekends, public holidays or semester
6
breaks.
7
Division 2
--Application of amendments
8
39 Application provision
9
The amendments of section 11 of the
Education Services for Overseas
10
Students Act 2000
made by Division 1 of this Part apply in relation to
11
applications for registration made on or after the commencement of that
12
Division.
13
Schedule 1
Amendments
Part 5
Automatic cancellation of registration
20
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Part 5--Automatic cancellation of registration
1
Education Services for Overseas Students Act 2000
2
40 At the end of Subdivision C of Division 1 of Part 6
3
Add:
4
92A Automatic cancellation if provider does not provide a course in
5
12 month period
6
(1) This section applies in relation to a registered provider if:
7
(a) the provider is not an approved school provider; and
8
(b) in a period of 12 consecutive months beginning on or after
9
1 January 2024 (the
measurement period
), the provider does
10
not provide a course at a location to an overseas student.
11
(2) Subject to section 92B, the registration of the provider is cancelled
12
for all courses for all locations at the end of the measurement
13
period by force of this subsection.
14
(3) The ESOS agency for the provider must:
15
(a) give the provider a written notice stating that the provider's
16
registration has been cancelled under subsection (2); and
17
(b) if the ESOS agency for the provider is not the Secretary--
18
notify the Secretary that the provider's registration has been
19
cancelled under subsection (2).
20
Note:
The Secretary must cause the Register to be altered if a provider's
21
registration is cancelled: see section 14B.
22
92B Extension of measurement period
23
Registered provider may apply for extension of measurement
24
period
25
(1) A registered provider may apply to the ESOS agency for the
26
provider to extend the measurement period referred to in
27
paragraph 92A(1)(b).
28
Amendments
Schedule 1
Automatic cancellation of registration
Part 5
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
21
(2) An application must be made at least 90 days before the
1
measurement period would otherwise end.
2
(3) An application must be in a form (if any) approved by the ESOS
3
agency for the provider.
4
Extension
5
(4) If an application is made, the ESOS agency for the provider may,
6
in writing, extend the measurement period in relation to the
7
provider.
8
(5) The ESOS agency may extend a measurement period in relation to
9
a registered provider under subsection (4) more than once.
10
(6) The total period of all extensions of a measurement period in
11
relation to a registered provider under subsection (4) must not
12
exceed 12 months.
13
41 Section 169AB (in the appropriate position in the table)
14
Insert:
15
11
A decision by the ESOS agency for a registered
provider to extend, or not to extend, the
measurement period in relation to the provider
under section 92B
The registered provider
Schedule 1
Amendments
Part 6
Investigation of offences
22
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Part 6--Investigation of offences
1
Division 1
--Amendments
2
Education Services for Overseas Students Act 2000
3
42 Before paragraph 7A(2)(a)
4
Insert:
5
(aa) whether the provider or a related person of the provider is
6
being investigated for an offence covered by
7
subsection (2AA); and
8
43 After subsection 7A(2)
9
Insert:
10
(2AA) For the purposes of paragraph (2)(aa), the offences covered by this
11
subsection are the following:
12
(a) an offence under this Act;
13
(b) an offence under Division 270 or 271 of the
Criminal Code
;
14
(c) an offence under section 590 of the
Corporations Act 2001
;
15
(d) an offence specified in a legislative instrument made by the
16
Minister for the purposes of this paragraph.
17
Division 2
--Application of amendments
18
44 Application provision
19
The amendments of section 7A of the
Education Services for Overseas
20
Students Act 2000
made by Division 1 of this Part apply in relation to:
21
(a) applications for registration made on or after the
22
commencement of that Division; and
23
(b) applications for registration made before the commencement
24
of that Division but not yet decided as at that
25
commencement; and
26
(c) providers registered before, on or after the commencement of
27
that Division;
28
Amendments
Schedule 1
Investigation of offences
Part 6
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
23
regardless of whether the conduct constituting the alleged offence
1
occurred before, on or after that commencement.
2
Schedule 1
Amendments
Part 7
Enrolment limits
24
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Part 7--Enrolment limits
1
Division 1
--Amendments
2
Education Services for Overseas Students Act 2000
3
45 Section 5
4
Insert:
5
course enrolment limit
:
6
(a) for an instrument made under subsection 26E(1)--see
7
section 26E; and
8
(b) for a notice given under subsection 26F(1)--see section
9
26F.
10
total enrolment limit
:
11
(a) for an instrument made under subsection 26B(1)--see
12
section 26B; and
13
(b) for a notice given under subsection 26C(1)--see section
14
26C.
15
46 Section 15A (after the paragrap
h beginning "Division 1
16
contains")
17
Insert:
18
•
The Minister may determine under Division 1AA:
19
(a)
a limit (called the total enrolment limit) on the number
20
of overseas students that may be enrolled in all courses
21
provided by a provider in a year; and
22
(b)
a limit (called the course enrolment limit) on the number
23
of overseas students that may be enrolled in a particular
24
course provided by a provider in a year.
25
A provider must not exceed its enrolment limits for a year.
26
47 After Division 1 of Part 3
27
Insert:
28
Amendments
Schedule 1
Enrolment limits
Part 7
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
25
Division 1AA--Limits on number of enrolments of
1
overseas students
2
Subdivision A--General
3
26A Relationship between instruments and notices
4
Nothing in this Division is intended to limit the legislative
5
instruments or notices that may be made or given for the purposes
6
of this Division in respect of the same year for the same:
7
(a) provider or class of providers; or
8
(b) course or class of courses.
9
Subdivision B--Total enrolment limits
10
26B Minister may impose total enrolment limits by legislative
11
instrument
12
Total enrolment limit
13
(1) The Minister may, by legislative instrument, determine a limit (the
14
total enrolment limit
) on the number of overseas students that may
15
be enrolled with a registered provider in a specified class of
16
registered providers in respect of one or more specified years.
17
(2) The total enrolment limit for a registered provider in respect of a
18
year may be expressed to apply in relation to:
19
(a) the total number, worked out in accordance with the
20
instrument, of new overseas students enrolled in all courses
21
provided by the provider for the year (other than exempt
22
courses under subsection (4)); or
23
(b) the combined total number, worked out in accordance with
24
the instrument, of new and ongoing overseas students
25
enrolled in all courses provided by the provider for the year
26
(other than exempt courses under subsection (4)).
27
(3) The total enrolment limit for a registered provider in respect of a
28
year must be either:
29
(a) specified in the instrument; or
30
Schedule 1
Amendments
Part 7
Enrolment limits
26
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
(b) worked out in accordance with a method specified in the
1
instrument.
2
Courses exempt from total enrolment limit
3
(4) An instrument under subsection (1) may exempt a specified course,
4
or a course in a specified class of courses, from counting towards a
5
registered provider's total enrolment limit.
6
(5) Without limiting subsection (4) or any other provision of this Act,
7
a course or class of courses may be specified by reference to any
8
matter, including the location of the course.
9
Specified providers
10
(6) Without limiting subsection (1) or any other provision of this Act,
11
a class of providers may be specified by reference to any matter,
12
including, but not limited to, any of the following:
13
(a) the kind of provider;
14
(b) the kind of courses provided by the provider;
15
(c) the location of courses provided by the provider;
16
(d) other circumstances applying in relation to the provider.
17
Instrument may provide differently
18
(7) Without limiting subsection 33(3A) of the
Acts Interpretation Act
19
1901
, an instrument under subsection (1) of this section may make
20
different provision in relation to either or both of the following:
21
(a) different classes of providers;
22
(b) different years.
23
Prescribing matters by reference to other instruments
24
(8) Despite subsection 14(2) of the
Legislation Act 2003
, an instrument
25
under subsection (1) of this section may make provision in relation
26
to a matter by applying, adopting or incorporating, with or without
27
modification, any matter contained in an instrument or other
28
writing as in force or existing from time to time.
29
Amendments
Schedule 1
Enrolment limits
Part 7
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
27
When instrument must be made
1
(9) An instrument under subsection (1) in respect of one or more years
2
has no effect unless it is made before 1 September of the year
3
before the first year to which the instrument applies.
4
When instrument may be varied
5
(10) Despite subsection (9), and without limiting subsection 33(3) of the
6
Acts Interpretation Act 1901
, the Minister may, at any time, vary
7
an instrument if the Minister is satisfied that it is appropriate to do
8
so.
9
Consultation
10
(11) Before the Minister makes an instrument under subsection (1) or a
11
variation under subsection (10), the Minister may consult with any
12
person or body, including any of the following:
13
(a) TEQSA;
14
(b) the National VET Regulator;
15
(c) the Secretary;
16
(d) if the Minister has determined that an entity (other than an
17
entity mentioned in paragraph (a), (b) or (c)) is an ESOS
18
agency for a provider or a registered provider under
19
subsection 6C(2)--that entity;
20
(e) the Immigration Minister.
21
Agreement of other relevant Minister
22
(12) If:
23
(a) an instrument under subsection (1) or a variation under
24
subsection (10) specifies a class of providers that includes a
25
registered VET provider; and
26
(b) the Minister does not administer the
National Vocational
27
Education and Training Regulator Act 2011
;
28
the Minister must not make or vary the instrument without the
29
written agreement of the Minister who administers that Act.
30
Schedule 1
Amendments
Part 7
Enrolment limits
28
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
26C Minister may impose total enrolment limits by notice to
1
provider
2
Total enrolment limit
3
(1) The Minister may, by written notice given to a registered provider,
4
determine a limit (the
total enrolment limit
) on the number of
5
overseas students that may be enrolled with the provider in respect
6
of one or more specified years.
7
(2) The total enrolment limit for a registered provider in respect of a
8
year may be expressed to apply in relation to:
9
(a) the total number, worked out in accordance with the notice,
10
of new overseas students enrolled in all courses provided by
11
the provider in the year (other than exempt courses under
12
subsection (4)); or
13
(b) the combined total number, worked out in accordance with
14
the notice, of new and ongoing overseas students enrolled in
15
all courses provided by the provider in the year (other than
16
exempt courses under subsection (4)).
17
(3) The total enrolment limit for a registered provider in respect of a
18
year must be either:
19
(a) specified in the notice; or
20
(b) worked out in accordance with a method specified in the
21
notice.
22
Courses exempt from total enrolment limit
23
(4) A notice under subsection (1) may exempt a specified course, or a
24
course in a specified class of courses, from counting towards a
25
registered provider's total enrolment limit.
26
(5) Without limiting subsection (4) or any other provision of this Act,
27
a course or class of courses may be specified by reference to any
28
matter, including the location of the course.
29
Notice may provide differently
30
(6) Without limiting subsection 33(3A) of the
Acts Interpretation Act
31
1901
, a notice given under subsection (1) of this section may make
32
different provision in relation to different years.
33
Amendments
Schedule 1
Enrolment limits
Part 7
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
29
When notice may be given
1
(7) A notice under subsection (1) in respect of one or more years may
2
be given at any time.
3
Note:
For variation of a notice, see subsection 33(3) of the
Acts
4
Interpretation Act 1901
.
5
Agreement of other relevant Minister
6
(8) If:
7
(a) a provider is a registered VET provider; and
8
(b) the Minister does not administer the
National Vocational
9
Education and Training Regulator Act 2011
;
10
the Minister must not give the provider a notice under
11
subsection (1) of this section without the written agreement of the
12
Minister who administers that Act, or a delegate of that Minister.
13
Copy of notice
14
(9) The Minister must give a copy of the notice to:
15
(a) the ESOS agency for the provider; and
16
(b) if the ESOS agency for the provider is not the Secretary--the
17
Secretary.
18
Notice not legislative instrument
19
(10) A notice under subsection (1) is not a legislative instrument.
20
26D Obligations relating to total enrolment limits
21
(1) A registered provider (other than an exempt provider) must not
22
enrol an overseas student, or intending overseas student, for a
23
course that the provider is registered to provide in the year, if the
24
enrolment of the student would result in the provider exceeding:
25
(a) unless paragraph (b) applies to the provider and the year--
26
the total enrolment limit specified in the instrument under
27
subsection 26B(1) for the provider and the year; or
28
(b) if the Minister gives a notice to the provider under
29
subsection 26C(1) in respect of the year and the notice is in
30
force--the total enrolment limit specified in the notice for the
31
provider and the year.
32
Schedule 1
Amendments
Part 7
Enrolment limits
30
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Note:
For the consequences of breaching this section, see Division 1AA of
1
Part 6 (conditions, suspension and cancellation).
2
(2) For the purposes of working out under subsection (1) if enrolment
3
of a student would result in the provider exceeding its total
4
enrolment limit for the year, students enrolled in respect of that
5
year before the instrument was made or varied, or before the notice
6
was given, are to be taken into account.
7
(3) To avoid doubt, a registered provider may be subject to obligations
8
in relation to a course and a year under subsection (1) and section
9
26G.
10
Subdivision C--Course enrolment limits
11
26E Minister may impose course enrolment limits by legislative
12
instrument
13
Course enrolment limit
14
(1) The Minister may, by legislative instrument, determine a limit (the
15
course enrolment limit
) on the number of overseas students that
16
may be enrolled in a specified course, or a course in a specified
17
class of courses, provided by a registered provider in a specified
18
class of registered providers in respect of one or more specified
19
years.
20
(2) The course enrolment limit for a course in respect of a year may be
21
expressed to apply in relation to:
22
(a) the total number, worked out in accordance with the
23
instrument, of new overseas students enrolled with the
24
provider for the course and the year; or
25
(b) the combined total number, worked out in accordance with
26
the instrument, of new and ongoing overseas students
27
enrolled with the provider for the course and the year.
28
(3) The course enrolment limit for a course in respect of a year must
29
be either:
30
(a) specified in the instrument; or
31
(b) worked out in accordance with a method specified in the
32
instrument.
33
Amendments
Schedule 1
Enrolment limits
Part 7
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
31
Specified courses
1
(4) Without limiting subsection (1) or any other provision of this Act,
2
a course or class of courses may be specified by reference to any
3
matter, including the location of the course.
4
Specified providers
5
(5) Without limiting subsection (1) or any other provision of this Act,
6
a class of providers may be specified by reference to any matter,
7
including, but not limited to, any of the following:
8
(a) the kind of provider;
9
(b) the kind of courses provided by the provider;
10
(c) the location of courses provided by the provider;
11
(d) the number of overseas students enrolled with the provider;
12
(e) other circumstances applying in relation to the provider.
13
Instrument may provide differently
14
(6) Without limiting subsection 33(3A) of the
Acts Interpretation Act
15
1901
, an instrument under subsection (1) of this section may make
16
different provision in relation to any of the following:
17
(a) different courses or classes of courses;
18
(b) different classes of providers;
19
(c) different years.
20
Prescribing matters by reference to other instruments
21
(7) Despite subsection 14(2) of the
Legislation Act 2003
, an instrument
22
under subsection (1) of this section may make provision in relation
23
to a matter by applying, adopting or incorporating, with or without
24
modification, any matter contained in an instrument or other
25
writing as in force or existing from time to time.
26
When instrument must be made
27
(8) An instrument under subsection (1) in respect of one or more years
28
has no effect unless it is made before 1 September of the year
29
before the first year to which the instrument applies.
30
Schedule 1
Amendments
Part 7
Enrolment limits
32
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
When instrument may be varied
1
(9) Despite subsection (8), and without limiting subsection 33(3) of the
2
Acts Interpretation Act 1901
, the Minister may, at any time, vary
3
an instrument if the Minister is satisfied that it is appropriate to do
4
so.
5
Consultation
6
(10) Before the Minister makes an instrument under subsection (1) or a
7
variation under subsection (9), the Minister may consult with any
8
person or body, including any of the following:
9
(a) TEQSA;
10
(b) the National VET Regulator;
11
(c) the Secretary;
12
(d) if the Minister has determined that an entity (other than an
13
entity mentioned in paragraph (a), (b) or (c)) is an ESOS
14
agency for a provider or a registered provider under
15
subsection 6C(2)--that entity;
16
(e) the Immigration Minister.
17
Agreement of other relevant Minister
18
(11) If:
19
(a) an instrument under subsection (1) or a variation under
20
subsection (9) specifies a course that is, or a class of courses
21
that includes, a VET course within the meaning of the
22
National Vocational Education and Training Regulator Act
23
2011
; and
24
(b) the Minister does not administer that Act;
25
the Minister must not make or vary the instrument without the
26
written agreement of the Minister who administers that Act.
27
26F Minister may impose course enrolment limits by notice to
28
provider
29
Course enrolment limit
30
(1) The Minister may, by written notice given to a registered provider,
31
determine a limit (the
course enrolment limit
) on the number of
32
Amendments
Schedule 1
Enrolment limits
Part 7
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
33
overseas students that may be enrolled in a specified course, or a
1
course in a specified class of courses, provided by the provider in
2
respect of one or more specified years.
3
(2) The course enrolment limit for a course in respect of a year may be
4
expressed to apply in relation to:
5
(a) the total number, worked out in accordance with the notice,
6
of new overseas students enrolled with the provider for the
7
course and the year; or
8
(b) the combined total number, worked out in accordance with
9
the notice, of new and ongoing overseas students enrolled
10
with the provider for the course and the year.
11
(3) The course enrolment limit for a course in respect of a year must
12
be either:
13
(a) specified in the notice; or
14
(b) worked out in accordance with a method specified in the
15
notice.
16
Specified courses
17
(4) Without limiting subsection (1) or any other provision of this Act,
18
a course or class of courses may be specified by reference to any
19
matter, including the location of the course.
20
Notice may provide differently
21
(5) Without limiting subsection 33(3A) of the
Acts Interpretation Act
22
1901
, a notice given under subsection (1) of this section may make
23
different provision in relation to either or both of the following:
24
(a) different courses or classes of courses;
25
(b) different years.
26
When notice may be given
27
(6) A notice under subsection (1) in respect of one or more years may
28
be given at any time.
29
Note:
For variation of a notice, see subsection 33(3) of the
Acts
30
Interpretation Act 1901
.
31
Schedule 1
Amendments
Part 7
Enrolment limits
34
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Agreement of other relevant Minister
1
(7) If:
2
(a) a notice under subsection (1) specifies a course that is, or a
3
class of courses that includes, a VET course within the
4
meaning of the
National Vocational Education and Training
5
Regulator Act 2011
; and
6
(b) the Minister does not administer that Act;
7
the Minister must not give a notice under subsection (1) of this
8
section without the written agreement of the Minister who
9
administers that Act, or a delegate of that Minister.
10
Copy of notice
11
(8) The Minister must give a copy of the notice to:
12
(a) the ESOS agency for the provider; and
13
(b) if the ESOS agency for the provider is not the Secretary--the
14
Secretary.
15
Notice not legislative instrument
16
(9) A notice under subsection (1) is not a legislative instrument.
17
26G Obligations relating to course enrolment limits
18
(1) A registered provider (other than an exempt provider) must not
19
enrol an overseas student, or intending overseas student, for a
20
course that the provider is registered to provide in the year, if the
21
enrolment of the student would result in the provider exceeding:
22
(a) unless paragraph (b) applies to the course, the provider and
23
the year--the course enrolment limit specified in the
24
instrument under subsection 26E(1) for the course, the
25
provider and the year; or
26
(b) if the Minister gives a notice to the provider under
27
subsection 26F(1) in respect of the course and the year and
28
the notice is in force--the course enrolment limit specified in
29
the notice for the course, the provider and the year.
30
Note:
For the consequences of breaching this subsection, see Division 1AA
31
of Part 6 (conditions, suspension and cancellation).
32
Amendments
Schedule 1
Enrolment limits
Part 7
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
35
(2) For the purposes of working out under subsection (1) if enrolment
1
of a student would result in the provider exceeding its course
2
enrolment limit for the course and the year, students enrolled in
3
respect of that year before the instrument was made or varied, or
4
before the notice was given, are to be taken into account.
5
(3) To avoid doubt, a registered provider may be subject to obligations
6
in relation to a course and a year under subsection (1) and section
7
26D.
8
48 Section 83A (after
the paragraph beginning "The ESOS
9
agency
")
10
Insert:
11
•
Division 1AA provides for:
12
(a)
automatic suspension of a provider's registration for all
13
courses in relation to a year if the provider exceeds its
14
total enrolment limit for the year; and
15
(b)
automatic suspension of a provider's registration for a
16
course in relation to a year if the provider exceeds its
17
course enrolment limit for the course and the year.
18
49 After Division 1 of Part 6
19
Insert:
20
Division 1AA--Automatic period of suspension for
21
exceeding limits on enrolment
22
96 Automatic period of suspension for exceeding total enrolment
23
limit
24
Automatic suspension for all courses for the year
25
(1) If a registered provider fails to comply with section 26D in relation
26
to a year, the registration of the provider is suspended for all
27
courses (other than courses that are exempt from the provider's
28
total enrolment limit under subsection 26B(4) or 26C(4)) for all
29
locations in respect of the year by force of this subsection.
30
Schedule 1
Amendments
Part 7
Enrolment limits
36
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Consequences of suspension
1
(2) A provider whose registration is suspended for a course under this
2
section in respect of a year must not:
3
(a) enrol an overseas student or an intending overseas student for
4
the course in respect of that year; or
5
(b) solicit or accept any money from an overseas student or an
6
intending overseas student for the course other than:
7
(i) an overseas student or intending overseas student who is
8
enrolled in, and has commenced, the course before the
9
suspension; or
10
(ii) an overseas student or intending overseas student who is
11
enrolled in the course in respect of a later year; or
12
(c) if an accepted student of the provider has not commenced the
13
course before the suspension--permit the student to
14
commence the course during that year.
15
(3) The provider is still registered for the course for the location for all
16
other purposes.
17
Notification of suspension
18
(4) If the registration of a provider has been suspended by force of
19
subsection (1), the Secretary must, in writing, notify the following
20
of the suspension:
21
(a) the provider;
22
(b) if the ESOS agency for the provider is not the Secretary--the
23
ESOS agency for the provider.
24
Duration of suspension
25
(5) If the registration of a provider has been suspended under
26
subsection (1) in respect of a year, the suspension of the provider's
27
registration ends by force of this subsection at the earlier of the
28
following times:
29
(a) the end of 31 December of that year;
30
(b) when the Secretary gives the provider a notice under
31
subsection (6) in respect of the year.
32
Amendments
Schedule 1
Enrolment limits
Part 7
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
37
(6) The Secretary may give a notice to a provider under this subsection
1
in respect of a year if the Secretary is satisfied that it is appropriate
2
to do so.
3
96A Automatic period of suspension for exceeding course enrolment
4
limit
5
Automatic suspension for the course for the year
6
(1) If a registered provider fails to comply with section 26G in relation
7
to a course, the registration of the provider is suspended for the
8
course in respect of the year by force of this subsection:
9
(a) if the course is specified in the instrument under section 26E
10
or notice under 26F by reference to the location of the
11
course--for that location; or
12
(b) otherwise--for all locations.
13
Consequences of suspension
14
(2) A provider whose registration is suspended for a course at a
15
location under this section in respect of a year must not:
16
(a) enrol an overseas student or an intending overseas student for
17
the course at the location in respect of that year; or
18
(b) solicit or accept any money from an overseas student or an
19
intending overseas student for the course at the location,
20
other than:
21
(i) an overseas student or intending overseas student who is
22
enrolled in, and has commenced, the course at the
23
location before the suspension; or
24
(ii) an overseas student or intending overseas student who is
25
enrolled in the course at the location in respect of a later
26
year; or
27
(c) if an accepted student of the provider has not commenced the
28
course at the location before the suspension--permit the
29
student to commence the course at the location during that
30
year.
31
(3) The provider is still registered for the course for the location for all
32
other purposes.
33
Schedule 1
Amendments
Part 7
Enrolment limits
38
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Notification of suspension
1
(4) If the registration of a provider for a course has been suspended by
2
force of subsection (1), the Secretary must, in writing, notify the
3
following of the suspension:
4
(a) the provider;
5
(b) if the ESOS agency for the provider is not the Secretary--the
6
ESOS agency for the provider.
7
Duration of suspension
8
(5) If the registration of a provider has been suspended under
9
subsection (1) in respect of a course, a location and a year, the
10
suspension of the provider's registration for the course at the
11
location ends by force of this subsection at the earlier of the
12
following times:
13
(a) the end of 31 December of that year;
14
(b) when the Secretary gives the provider a notice under
15
subsection (6) in respect of the course, the location and the
16
year.
17
(6) The Secretary may give a notice to a provider under this subsection
18
in respect of a course, a location and a year if the Secretary is
19
satisfied that it is appropriate to do so.
20
50 Section 169AB (in the appropriate position in the table)
21
Insert:
22
12
A decision by the Secretary not to give a
registered provider a notice under
subsection 96(6) in respect of a year
The registered provider
13
A decision by the Secretary not to give a
registered provider a notice under
subsection 96A(6) in respect of a course, a
location and a year
The registered provider
51 At the end of Part 7A
23
Add:
24
Amendments
Schedule 1
Enrolment limits
Part 7
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
39
169AH References to ESOS agency etc.
1
(1) For the purposes of applying this Part and any related provisions of
2
this or any other Act or instrument in respect of a decision of the
3
Secretary not to give a notice to a provider under subsection 96(6)
4
or 96A(6), references in this Part to any of the following:
5
(a) ESOS agency;
6
(b) ESOS agency for an affected provider;
7
(c) agency;
8
are taken to be a reference to the Secretary.
9
(2) Subsection (1) does not apply in relation to section 169AB.
10
52 After section 176D
11
Insert:
12
176E Compensation for acquisition of property
13
(1) If:
14
(a) apart from this section, the operation of Division 1AA of
15
Part 3 or Division 1AA or 1AB of Part 6 would result in the
16
acquisition of property (within the meaning of
17
paragraph 51(xxxi) of the Constitution) from a person
18
otherwise than on just terms (within the meaning of that
19
paragraph); and
20
(b) the acquisition would be invalid because of
21
paragraph 51(xxxi) of the Constitution;
22
the Commonwealth is liable to pay a reasonable amount of
23
compensation to the person in respect of the acquisition.
24
(2) If the Commonwealth and the person do not agree on the amount
25
of the compensation, the person may institute proceedings in the
26
Federal Court of Australia or the Supreme Court of a State or
27
Territory for the recovery from the Commonwealth of such
28
reasonable amount of compensation as the court determines.
29
Schedule 1
Amendments
Part 7
Enrolment limits
40
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Division 2
--Application of amendments
1
53 Application and transitional provisions
2
(1)
Subject to this item, Division 1AA of Part 3 and Division 1AA of Part 6
3
of the
Education Services for Overseas Students Act 2000
, as inserted
4
by Division 1 of this Part, apply in relation to the 2025 calendar year
5
and later calendar years.
6
Total enrolment limits for 2025
7
(2)
If the Minister makes a legislative instrument under section 26B or
8
gives a notice under section 26C of the
Education Services for Overseas
9
Students Act 2000
, as inserted by Division 1 of this Part, in respect of
10
2025:
11
(a) the total enrolment limit for a registered provider may only
12
be expressed to apply in relation to the total number, worked
13
out in accordance with the instrument or notice, of new
14
overseas students enrolled with the provider in respect of that
15
year; and
16
(b) subsection 26B(9) applies as if the reference to 1 September
17
of the year before the first year to which the instrument
18
applies were instead a reference to 31 December 2024.
19
Total enrolment limits for later years
20
(3)
If the Minister makes a legislative instrument under section 26B or
21
gives a notice under section 26C of the
Education Services for Overseas
22
Students Act 2000
, as inserted by Division 1 of this Part, in respect of
23
2026 or a later year, the total enrolment limit for a registered provider
24
may only be expressed to apply in relation to:
25
(a) the total number, worked out in accordance with the
26
instrument or notice, of new overseas students enrolled with
27
the provider in respect of that year; or
28
(b) the combined total number, worked out in accordance with
29
the instrument or notice, of:
30
(i) new overseas students enrolled with the provider in
31
respect of that year; and
32
(ii) ongoing overseas students enrolled with the provider in
33
respect of that year if the ongoing students were
34
enrolled with the provider as new overseas students in
35
Amendments
Schedule 1
Enrolment limits
Part 7
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
41
respect of the 2025 calendar year or a later calendar
1
year.
2
Course enrolment limits for 2025
3
(4)
If the Minister makes a legislative instrument under section 26E or
4
gives a notice under section 26F of the
Education Services for Overseas
5
Students Act 2000
, as inserted by Division 1 of this Part, in respect of
6
2025:
7
(a) the course enrolment limit for a course and a registered
8
provider may only be expressed to apply in relation to the
9
total number, worked out in accordance with the instrument
10
or notice, of new overseas students enrolled in the course
11
with the provider in respect of that year; and
12
(b) subsection 26E(8) applies as if the reference to 1 September
13
of the year before the first year to which the instrument
14
applies were instead a reference to 31 December 2024.
15
Course enrolment limits for later years
16
(5)
If the Minister makes a legislative instrument under section 26E or
17
gives a notice under section 26F of the
Education Services for Overseas
18
Students Act 2000
, as inserted by Division 1 of this Part, in respect of
19
2026 or a later year, the course enrolment limit for a course and a
20
registered provider may only be expressed to apply in relation to:
21
(a) the total number, worked out in accordance with the
22
instrument or notice, of new overseas students enrolled in the
23
course with the provider in respect of that year; or
24
(b) the combined total number, worked out in accordance with
25
the instrument or notice, of:
26
(i) new overseas students enrolled in the course with the
27
provider in respect of that year; and
28
(ii) ongoing overseas students enrolled in the course with
29
the provider in respect of that year if the ongoing
30
students were enrolled with the provider as new
31
overseas students in respect of the 2025 calendar year or
32
a later calendar year.
33
Schedule 1
Amendments
Part 8
Automatic cancellation of specified courses
42
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
Part 8--Automatic cancellation of specified courses
1
Division 1
--Amendments
2
Education Services for Overseas Students Act 2000
3
54 Section 83A (before
the paragraph beginning "The
4
Immigration Minister
")
5
Insert:
6
•
Division 1AB provides for automatic suspension and
7
cancellation of courses specified by the Minister in a
8
legislative instrument.
9
55 Before Division 2 of Part 6
10
Insert:
11
Division 1AB--Automatic suspension and cancellation of
12
courses specified by the Minister
13
96B Minister may make instrument specifying courses
14
(1) The Minister may, by legislative instrument, specify one or more
15
classes of courses for the purposes of this section if the Minister is
16
satisfied that:
17
(a) there are or have been systemic issues in relation to the
18
standard of delivery of the courses included in the class; or
19
(b) the courses included in the class provide limited value to
20
Australia's current, emerging and future skills and training
21
needs and priorities; or
22
(c) it is in the public interest to do so.
23
(2) In considering whether to make such an instrument, the Minister
24
may have regard to any of the following matters:
25
(a) whether the courses included in the class are provided by
26
registered providers that are breaching or have breached:
27
Amendments
Schedule 1
Automatic cancellation of specified courses
Part 8
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
43
(i) this Act; or
1
(ii) the national code; or
2
(iii) if the ELICOS Standards or Foundation Program
3
Standards apply in relation to the provider--those
4
Standards; or
5
(iv) a condition of the provider's registration;
6
(b) completion rates of accepted students of those courses;
7
(c) the number of transfers of accepted students from or to those
8
courses;
9
(d) the location or locations at which providers are registered to
10
provide those courses.
11
(3) Subsection (2) does not limit the matters to which the Minister may
12
have regard in considering whether to make an instrument under
13
subsection (1).
14
Specified courses
15
(4) Without limiting subsection (1) or any other provision of this Act,
16
a class of courses may be specified by reference to any matter,
17
including the location of the course.
18
Prescribing matters by reference to other instruments
19
(5) Despite subsection 14(2) of the
Legislation Act 2003
, an instrument
20
made under subsection (1) of this section may make provision in
21
relation to a matter by applying, adopting or incorporating, with or
22
without modification, any matter contained in an instrument or
23
other writing as in force or existing from time to time.
24
Consultation
25
(6) The Minister must consult with each of the following before the
26
Minister makes an instrument under subsection (1):
27
(a) TEQSA;
28
(b) the National VET Regulator;
29
(c) the Secretary;
30
(d) if the Minister has determined that an entity (other than an
31
entity mentioned in paragraph (a), (b) or (c)) is an ESOS
32
Schedule 1
Amendments
Part 8
Automatic cancellation of specified courses
44
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
No. , 2024
agency for a provider or a registered provider under
1
subsection 6C(2)--that entity.
2
Agreement of other relevant Minister
3
(7) If:
4
(a) an instrument under subsection (1) specifies a class of
5
courses that includes a VET course within the meaning of the
6
National Vocational Education and Training Regulator Act
7
2011
; and
8
(b) the Minister does not administer that Act;
9
the Minister must not make the instrument without the written
10
agreement of the Minister who administers that Act.
11
96C Automatic suspension of specified courses
12
(1) This section applies if:
13
(a) a registered provider (other than an exempt provider) is
14
registered to provide a course at a location or locations; and
15
(b) the course is included in a class of courses specified in an
16
instrument under subsection 96B(1); and
17
(c) 30 days after that instrument commences, one or more
18
students are enrolled in and have commenced, but not
19
completed or withdrawn from, the course.
20
(2) The provider's registration for the course is suspended for all
21
locations by force of this subsection.
22
(3) A provider whose registration is suspended for a course under this
23
section must not:
24
(a) do any thing for the purpose of recruiting or enrolling
25
overseas students or intending overseas students for the
26
course; or
27
(b) solicit or accept any money from an overseas student or an
28
intending overseas student for the course other than overseas
29
students who are enrolled in and have commenced the
30
course; or
31
(c) if an accepted student of the provider has not commenced the
32
course--permit the student to commence the course.
33
Amendments
Schedule 1
Automatic cancellation of specified courses
Part 8
No. , 2024
Education Services for Overseas Students Amendment (Quality and
Integrity) Bill 2024
45
(4) The provider is still registered for the course for the location for all
1
other purposes.
2
96D Automatic cancellation of specified courses
3
(1) This section applies if:
4
(a) a registered provider (other than an exempt provider) is
5
registered to provide a course at a location or locations; and
6
(b) the course is included in a class of courses specified in an
7
instrument under subsection 96B(1); and
8
(c) 30 days after that instrument commences, there are no
9
students that are enrolled in and have commenced, but not
10
completed or withdrawn from, the course.
11
(2) This section also applies if:
12
(a) a provider's registration for a course is suspended under
13
section 96C; and
14
(b) all students that were enrolled in and had commenced the
15
course before the suspension have since completed or
16
withdrawn from the course.
17
(3) The provider's registration for the course is cancelled for all
18
locations by force of this subsection.
19
Division 2
--Application of amendments
20
56 Application provision
21
Division 1AB of Part 6 of the
Education Services for Overseas Students
22
Act 2000
, as inserted by Division 1 of this Part, applies in relation to a
23
course, whether a provider is registered to provide the course before, on
24
or after the commencement of that Part.
25
26
(57/24)