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Education Services for Overseas Students Act 2000
In force
Administered by
Department of Education
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C2024C00561 C44
14 October 2024
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Part 1—Introduction
Division 1—Preliminary
1 Short title
2 Commencement
3 Crown to be bound
4 Criminal Code applies
4A Objects
4B Extension of this Act to Norfolk Island, Christmas Island and Cocos (Keeling) Islands
5 Definitions
5AA Definition of course
5A When registered higher education providers are taken to have the principal purpose of providing education
6 Meaning of associate
6A Meaning of authorised officer
6B Meaning of DSA assessment certificate and DSA recommendation certificate
6C Meaning of ESOS agency
6D Meaning of exempt provider
6E Meaning of provider
7 Meaning of tuition fees
7A Deciding whether a provider or registered provider is fit and proper to be registered etc.
7AA No duty imposed on designated State authorities
7AB Application to former registered providers
Division 2—Guide to this Act
7B Guide to this Act
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Part 2—Registration of providers
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Division 1—Guide to this Part
8A Guide to this Part
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Division 2—Offence for providing or promoting a course without a registered provider
8 Offence: providing or promoting a course without a registered provider
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Division 3—Registration of providers
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Subdivision A—Application for registration
9 Provider may apply to be registered
10 ESOS agency for provider may register provider
10A Notice of registration
Subdivision B—Conditions of registration
10B Conditions of registration
10C Conditions imposed by designated State authorities on the approval of school providers after registration
Subdivision C—Renewal of registration
10D Registered provider may apply to renew registration
10E ESOS agency for registered provider may renew registration
10F Registration continues until decision on renewal takes effect
10G Notice of renewal of registration
Subdivision D—Changes to registration etc.
10H Registered provider may apply to add one or more courses at one or more locations to registration
10J ESOS agency for registered provider may add one or more courses at one or more locations to registration
10K Notice of addition of one or more courses at one or more locations to registration
10L Extension of a registered provider’s period of registration
10M Continuation of registration if provider has not finished providing course before expiry of registration
Subdivision E—Other registration provisions
11 When a provider or registered provider meets the registration requirements
11A Rules relating to applications for registration etc.
11B ESOS agency may request further information or documents
11C Copies of decision notices to be given by the ESOS agency
13 TPS Director may require information
14 Notifying designated State authorities for approved school providers of non compliance with this Act etc.
Division 4—The Register
14A The Register
14B Updating the Register
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Part 3—Obligations on registered providers
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Division 1A—Guide to this Part
15A Guide to this Part
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Division 1—General obligations
15 Registered providers must not engage in misleading or deceptive conduct
16 Only Australian residents and Table C providers may be registered
17 Registered providers must notify their ESOS agency of offences etc. by associates and high managerial agents
17A Registered providers must notify their ESOS agency of certain other events
18 Payments to providers
19 Giving information about accepted students
21 Record keeping
21A Obligations relating to the agents of registered providers
23 CRICOS annual registration charge
24 TPS levies
26 Disclosure obligations of registered providers
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Division 2—Tuition fees
27 Tuition fees
28 Obligation for registered provider to maintain account
29 Obligations in relation to account money
30 Regulations
31 Exemption from requirement
32 Offence
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Part 4—The national code
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Division 1—Guide to this Part
33A Guide to this Part
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Division 2—The national code
33 The national code
34 Purpose of the national code
38 Contents of the national code
40 Legal effects of the national code
41 Notification of the national code
44 Regulations may prescribe penalties
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Part 5—Tuition protection service
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Division 1—Guide to this Part
45 Guide to this Part
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Division 2—Obligations on registered providers when a provider or student defaults
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Subdivision A—Provider defaults
46A When a registered provider defaults
46B Registered providers to notify of provider default
46D Obligations on registered providers in case of provider default
46E Offence for failure to discharge obligations
46F Registered providers to notify of outcome of discharge of obligations
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Subdivision B—Student defaults
47A When a student defaults
47B Requirement to make written agreement about student default
47D Refund under a written agreement about student default
47E Refund in other cases
47F Offence for failure to enter agreement that complies with requirements
47G Offence for failure to provide refund
47H Registered providers to notify of outcome of discharge of obligations
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Subdivision C—Recovering an amount
48 Recovering an amount
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Division 3—Student placement service
49 Student placement service
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Division 4—Calls on the OSTF
50A When a call is made on the OSTF
50B What the TPS Director must do when a call is made
50C Consequences of a payment under section 50B
50D TPS Director to notify Immigration Secretary
50E Right to refund may be cancelled etc. without compensation
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Part 5A—Overseas Students Tuition Fund, the TPS Director and the TPS Advisory Board
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Division 1—Guide to this Part
51 Guide to this Part
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Division 2—Overseas Students Tuition Fund and TPS levies
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Subdivision A—Overseas Students Tuition Fund
52A Name of Fund
52B Credits to the OSTF
52C Purposes of the OSTF
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Subdivision B—TPS levies
53A TPS Director to work out the amount of TPS levies
53B Notice of amount of TPS levy
53C Notifying the ESOS agency of payment of first TPS levy
53D Reminder notices
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Division 3—TPS Director
54A Appointment of TPS Director
54B Functions of the TPS Director
54C Remuneration and allowances
54D Leave of absence
54E Restrictions on outside employment
54F Disclosure of interests
54G Resignation
54H Termination of appointment
54J Other terms and conditions
54K Acting TPS Director
54L Consultants
54M Indemnity
54N Application of finance law
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Division 4—TPS Advisory Board
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Subdivision A—Appointment of Board members
55A Establishment
55B Function of the Board
55C Membership
55D Appointment of Board members
55E Remuneration and allowances
55F Leave of absence
55G Restrictions on outside employment
55H Disclosure of interests
55J Disclosure of interests to the Board
55K Resignation
55L Termination
55M Other terms and conditions
55N Acting appointments
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Subdivision B—Meetings of the TPS Advisory Board
56A Convening meetings
56B Presiding at meetings
56C Quorum
56D Voting at meetings
56E Conduct of meetings
56F Minutes
56G Decisions without meetings
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Part 6—Conditions, suspension and cancellation etc.
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Division 1A—Guide to this Part
83A Guide to this Part
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Division 1—Conditions, suspension and cancellation
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Subdivision A—Sanctions for non compliance etc.
83 ESOS agency may impose sanctions for non compliance etc.
84 ESOS agency may take further action
85 ESOS agency may take action for breaches occurring before provider was registered
86 Examples of conditions
87 Breaches of this Act etc. by approved school providers
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Subdivision C—Automatic suspension and cancellation
89 Automatic suspension if registered provider is no longer fit and proper
90 Automatic suspension for non payment of levy or charge
92 Automatic cancellation for bankruptcy
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Subdivision D—Common rules for conditions, suspension and cancellation
93 Procedure for taking action etc.
94 ESOS agency may remove condition of registration or suspension of registration
95 Effect of suspension
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Division 2—Immigration Minister’s suspension certificate
97 Immigration Minister may give a registered provider a suspension certificate
98 Procedure for issuing certificate
99 Content of certificate
100 Duration of certificate
101 Effect of certificate: offence
102 Further certificates
103 Updating the Register
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Division 3—Offences
107 Failing to identify registered provider in written material
108 Providing false or misleading information
109 Access to electronic notification system
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Part 7—Monitoring, investigation and enforcement
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Division 1—Guide to this Part
111A Guide to this Part
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Division 1B—Compliance audits
112A Compliance audits
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Division 2—Notices requiring information and documents
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Subdivision A—Production notices
113 ESOS agency for a registered provider may give a production notice
113A TPS Director may give a production notice
114 Contents of the production notice
115 Serving production notices
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Subdivision B—Attendance notices
116 Attendance notices
117 Contents of the attendance notice
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Subdivision C—Common rules for production and attendance notices
118 Scales of expenses
120 Offence: failing to comply with a notice
121 Offence: giving false or misleading information
122 Offence: giving false or misleading document to authorised officer
122A Offence: giving false or misleading document to TPS officer
123 Information and documents that incriminate a person
124 Copies of documents
125 Retaining of documents by authorised officer etc.
125A Retaining of documents by TPS officer
126 Owner of document must be given copy
127 Returning of documents
128 Authorised officer etc. may apply to retain document for a further period
128A TPS officer may apply to retain document for a further period
129 Magistrate or ART member may order retention for further period
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Division 3—Monitoring
130 Monitoring powers
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Division 4—Investigation
131 Investigation powers
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Division 5—Infringement notices
132 Infringement notices
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Division 6—Enforceable undertakings
133 Enforceable undertakings
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Part 7A—Review of decisions
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Division 1—Introduction
169AA Guide to this Part
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Division 2—Review of decisions
169AB Reviewable decisions
169AC Notice of decision
169AD Application for internal review of reviewable decisions made by delegates
169AE Internal review of reviewable decisions
169AF Internal review decision must be made within 90 days
169AG Review by the Administrative Review Tribunal
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Part 8—Miscellaneous
169A Guide to this Part
170A Publishing results of enforcement and monitoring
170B Annual report
170C Minister may give directions to the ESOS agency
170 Delegation
171A Subdelegation by TEQSA or National VET Regulator
171 Reinstatement fee
172 Late payment penalty
173 Debts due to the Commonwealth
174 Amounts payable by unincorporated bodies
175 Giving information to relevant bodies etc.
176A Review of operation of tuition protection
176B ELICOS Standards
176C Foundation Program Standards
176D Refund of charge in special circumstances
177 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
