Education Services for Overseas Students Act 2000 (Cth)

Education Services for Overseas Students Act 2000

No. 164, 2000

Compilation No. 44

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Education Services for Overseas Students Act 2000 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to regulate education services for overseas students, and for related purposes

Part 1IntroductionDivision 1Preliminary1Short title

This Act may be cited as the Education Services for Overseas Students Act 2000.

2Commencement

(1)
This section and section 1 commence on the day on which this Act receives the Royal Assent.
(2)
The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3)
However, if a provision of this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3Crown to be bound

(1)
This Act binds the Crown in each of its capacities.
(2)
However, nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.

4Criminal Code applies

The Criminal Code applies to all offences against this Act.

4AObjects

The principal objects of this Act are:
(a)
to provide tuition assurance, and refunds, for overseas students for courses for which they have paid; and
(b)
to protect and enhance Australia’s reputation for quality education and training services; and
(c)
to complement Australia’s migration laws by ensuring providers collect and report information relevant to the administration of the law relating to student visas.

4BExtension of this Act to Norfolk Island, Christmas Island and Cocos (Keeling) Islands

(1)
Subject to subsection (2), this Act applies in relation to Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands as if:
(a)
a reference in a provision of this Act to a State included a reference to Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and
(b)
a reference in a provision of this Act to the designated State authority included a reference to the Territories Minister.
(2)
Paragraph (1)(a) does not apply in relation to the following provisions:
(a)
the definitions of designated State authority and State in section 5;
(b)
paragraph 6D(1)(a);
(c)
paragraph 31(a);
(f)
paragraph 127(3)(b);
(g)
paragraph 152(3)(b);
(h)
paragraph 175(1)(e).
(3)
The Territories Minister may, by signed writing, delegate all or any of his or her functions or powers as a designated State authority under this Act to:
(a)
an APS employee who is an SES employee or acting SES employee; or
(b)
an officer or employee of a State.

5Definitions

In this Act, unless the contrary intention appears:
accepted student of a registered provider means a student (whether within or outside Australia):
(a)
who is accepted for enrolment, or enrolled, in a course provided by the provider; and
(b)
who is, or will be, required to hold a student visa to undertake or continue the course.
affected provider for a reviewable decision has the meaning given by section 169AB.
agent of a provider means a person (whether within or outside Australia) who represents or acts on behalf of the provider, or purports to do so, in dealing with overseas students or intending overseas students.
agreed starting day for a course means the day on which the course was scheduled to start, or a later day agreed between the registered provider for the course and the student.
applicable number of days has the meaning given by subsection 19(1A).
approved school provider means a school provider approved (however described) by a designated State authority to provide courses to:
(a)
if the school provider is located in Tasmania or the Australian Capital Territory—students for that State or Territory; or
(b)
otherwise—overseas students for the State (other than Tasmania or the Australian Capital Territory).
ART member means a member of the Administrative Review Tribunal.
associate of a person has the meaning given by section 6.
attendance notice means a notice given under section 116.
Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003.
authorised officer of the ESOS agency for a registered provider has the meaning given by section 6A.
Board means the TPS Advisory Board established by section 55A.
Board member means a member of the Board appointed under section 55D, including the Chair and the Deputy Chair.
call: a call is made on the OSTF in the circumstances set out in section 50A.
compliance audit has the meaning given by section 112A.
condition, in relation to a provider’s registration, means a condition imposed on the registration under section 10B or subsection 83(3).
course has the meaning given by section 5AA.
CRICOS annual registration charge means CRICOS annual registration charge imposed by the Education Services for Overseas Students (Registration Charges) Act 1997.
default:
(a)
in relation to a registered provider—has the meaning given by section 46A; and
(b)
in relation to an overseas student or intending overseas student—has the meaning given by section 47A.
default day, in relation to a default, means:
(a)
if subparagraph 46A(1)(a)(i) or paragraph 47A(1)(a) applies—the agreed starting day; or
(b)
if subparagraph 46A(1)(a)(ii) applies—the day on which the course ceases to be provided; or
(c)
if paragraph 47A(1)(b) applies—the day on which the student withdraws from the course; or
(d)
if paragraph 47A(1)(c) applies—the day on which the registered provider of the course refuses to provide, or continue providing, the course to the student.
designated State authority for a provider or registered provider to the extent the provider is an approved school provider means the person responsible under the law of a State for approving (however described) school providers to provide courses to:
(a)
if the school provider is located in Tasmania or the Australian Capital Territory—students for that State or Territory; or
(b)
otherwise—overseas students for the State (other than Tasmania or the Australian Capital Territory).
document includes a copy of a document.
DSA assessment certificate has the meaning given by subsection 6B(1).
DSA recommendation certificate has the meaning given by subsection 6B(2).
ELICOS means English Language Intensive Course for Overseas Students.
ELICOS Standards has the meaning given by section 176B.
ESOS agency for a provider or registered provider has the meaning given by section 6C.
exempt provider has the meaning given by section 6D.
Foundation Program Standards has the meaning given by section 176C.
high managerial agent of a provider means an employee, agent or officer of the provider with duties of such responsibility that his or her conduct may fairly be assumed to represent the provider in relation to the business of providing courses.
Immigration Minister means any of the Ministers who administer the Migration Act 1958 from time to time.
Immigration Minister’s suspension certificate means a certificate given under Division 2 of Part 6.
Immigration Secretary means the Secretary of the Department administered by the Immigration Minister.
intending overseas student means a person (whether within or outside Australia) who intends to become, or who has taken any steps towards becoming, an overseas student.
internal reviewer means:
(a)
the ESOS agency for an affected provider; or
(b)
a delegate referred to in paragraph 169AE(1)(b).
late payment penalty means the penalty imposed by section 172.
meets the registration requirements has the meaning giving by section 11.
monitoring purpose means a purpose of determining:
(a)
whether a registered provider is complying, or has complied, with:
(i)
this Act; or
(ii)
the national code; or
(iii)
if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—those Standards; or
(b)
whether, because of financial difficulty or any other reason, the provider might not be able to:
(i)
provide courses to its accepted students; or
(ii)
refund amounts to its accepted students under Division 2 of Part 5.
national code means the National Code of Practice for Providers of Education and Training to Overseas Students in force under Part 4.
National VET Regulator has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
non‑referring State has the same meaning as in the NVETR Act.
NVETR Act means the National Vocational Education and Training Regulator Act 2011.
NVR registered training organisation has the same meaning as in the NVETR Act.
old ESOS Act means the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991.
OSTF: see Overseas Students Tuition Fund.
overseas student means a person (whether within or outside Australia) who holds a student visa, but does not include students of a kind prescribed in the regulations.
Overseas Students Tuition Fund means the Overseas Students Tuition Fund established under section 52A.
premises means:
(a)
an area of land or any other place, whether or not it is enclosed or built on; or
(b)
a building or other structure; or
(c)
a vehicle or vessel;
and includes a part of any such premises.
principal executive officer of a provider that is not an individual means the person who has executive responsibility for the operation of the provider.
production notice means a notice given under section 113 or 113A.
provide a course includes participate in providing the course.
provider has the meaning given by section 6E.
provider obligation period, in relation to a default, has the meaning given by section 46D, 47D or 47E (as the case requires).
Register means the Register kept under section 14A.
registered means registered under Part 2.
Note: Other grammatical forms of the word registered (such as registration) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
registered higher education provider has the same meaning as in the TEQSA Act.
registered provider for a course for a location means a provider that is registered to provide the course at the location.
registered training organisation has the same meaning as in the NVETR Act.
registered VET provider means:
(a)
an NVR registered training organisation; or
(b)
a registered training organisation (other than an NVR registered training organisation) that provides, or seeks to provide, courses to overseas students at locations in a non‑referring State.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
reinstatement fee means the fee referred to in section 171.
related person of a provider or registered provider has the meaning given by subsection 7A(3).
relevant individual of a registered provider means:
(a)
an officer or employee of the provider; or
(b)
a consultant to the provider; or
(c)
if the provider is a partnership—a partner in the partnership; or
(d)
if the provider is a sole trader—the provider; or
(e)
an officer or employee of an administrator, liquidator or restructuring practitioner (within the meaning of the Corporations Act 2001) of the provider or a former registered provider.
resident means:
(a)
in the case of a company, a company incorporated in Australia that carries on business in Australia and that has its central management and control in Australia; or
(b)
in the case of an unincorporated body, a body that carries on business in Australia and that has its central management and control in Australia.
reviewable decision has the meaning given by section 169AB.
school provider means a person or entity that provides courses of education at a level that, under section 15 of the Australian Education Act 2013, constitutes primary education, or secondary education, for the provider.
schools initial registration charge means schools initial registration charge imposed by the Education Services for Overseas Students (Registration Charges) Act 1997.
schools renewal registration charge means schools renewal registration charge imposed by the Education Services for Overseas Students (Registration Charges) Act 1997.
Secretary means the Secretary of the Department.
State includes the Australian Capital Territory and the Northern Territory.
student visa has the meaning given by the regulations.
TEQSA (short for Tertiary Education Quality and Standards Agency) means the body established by section 132 of the TEQSA Act.
TEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011.
Territories Minister means the Minister responsible for administering the Christmas Island Act 1958.
this Act includes the regulations.
TPS levy means the TPS levy imposed under the Education Services for Overseas Students (TPS Levies) Act 2012.
TPS officer means:
(a)
an APS employee in the Department who assists the TPS Director in the performance of the TPS Director’s functions; or
(b)
a consultant engaged by the TPS Director under section 54L.
tuition fees has the meaning given by section 7.

5AADefinition of course

(1)
A course is a course of education or training that satisfies one or more of the following:
(a)
the course leads to a qualification recognised in the Australian Qualifications Framework;
(b)
the course is a course of education at a level that, under section 15 of the Australian Education Act 2013, constitutes primary education or secondary education;
(c)
the course is a Foundation Program;
(d)
the course is an ELICOS;
(e)
the course is offered by a registered higher education provider;
(f)
the course is a VET course within the meaning of the National Vocational Education and Training Regulator Act 2011.
(2)
The Minister may, by legislative instrument, determine that a course of education or training is a course.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(3)
The Minister may, by legislative instrument, determine that a course of education or training is not a course.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

5AWhen registered higher education providers are taken to have the principal purpose of providing education

For the purposes of paragraphs 11(d) and 83(1C)(a), a registered higher education provider is taken to have the principal purpose of providing education if its principal purpose is either or both of the following:
(a)
providing education;
(b)
conducting research.

6Meaning of associate

(1)
In this Act:
associate of a person means:
(a)
the spouse or de facto partner of the person; or
(b)
a child of the person, or of the person’s spouse or de facto partner; or
(c)
a parent of the person, or of the person’s spouse or de facto partner; or
(d)
a sibling of the person; or
(e)
if the person is a company:
(i)
an officer of the company; or
(ii)
an officer of a company that is related to the first‑mentioned company; or
(iii)
a person who holds a substantial ownership interest in the company; or
(f)
if the person is an association or a co‑operative—the principal executive officer or a member of the body (however described) that governs, manages, or conducts the affairs of the association or co‑operative; or
(g)
if the person is a body corporate established for a public purpose by or under an Australian law and another body is responsible for the management or the conduct of the affairs of the body corporate—the principal executive officer or a member of that other body; or
(h)
if the person is any other kind of body corporate established for a public purpose by or under an Australian law—the principal executive officer or a member of the body corporate; or
(i)
if the person is a partnership:
(i)
the principal executive officer or an individual, or a body corporate, that is a member of the partnership; or
(ii)
an individual who is an officer of a company, or a member of any other body corporate, that is a member of the partnership.
Related companies
(2)
For the purposes of subsection (1), the question of whether companies are related to each other is to be determined in the same manner as the question of whether bodies corporate (within the meaning of the Corporations Act 2001) are related to each other is determined under section 50 of the Corporations Act 2001.
Substantial ownership interest
(3)
For the purposes of subsection (1), a person holds a substantial ownership interest in a company if the total of all amounts paid on the shares in the company in which the person holds interests equals or exceeds 15% of the total of all amounts paid on all shares in the company.
Interests in shares
(4)
For the purposes of subsection (3):
(a)
a person holds an interest in a share if the person has any legal or equitable interest in the share; and
(b)
without limiting the generality of paragraph (a), a person holds an interest in a share if the person, although not the registered holder of the share, is entitled to exercise, or control the exercise of, a right attached to the share, otherwise than because the person has been appointed as a proxy or representative to vote at a meeting of members of a company or of a class of its members.
Mutual associates
(5)
If, under this section, one person is an associate of a second person, then the second person is an associate of the first person.
Chains of associates
(6)
If, under this section:
(a)
one person is an associate of a second person (including because of a previous application of this subsection); and
(b)
the second person is an associate of a third person;
then the first person is an associate of the third person.
Other definitions
(7)
In this section:
child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.
parent: without limiting who is a parent of a person for the purposes of this section, someone is the parent of a person if the person is his or her child because of the definition of child in this section.
person includes a provider.
Certain family relationships
(8)
For the purposes of paragraph (d) of the definition of associate in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.

6AMeaning of authorised officer

(1)
The following table sets out who is an authorised officer of the ESOS agency for a registered provider:

Authorised officer
Item	If the ESOS agency for a registered provider is:

a person is an authorised officer of the agency if:
1	TEQSA	the person is: (a) a Commissioner (within the meaning of the TEQSA Act); or (b) the Chief Executive Officer of TEQSA; or (c) an authorised officer (within the meaning of that Act)
2	the National VET Regulator	the person is: (a) the National VET Regulator; or (b) an authorised officer (within the meaning of the NVETR Act)
3	the Secretary	the person is appointed under subsection (2)
4	an entity that is not covered by another item of this table	the person is appointed under subsection (3)

(2)
If the ESOS agency for a registered provider is the Secretary, the agency may, in writing, appoint a person as an authorised officer of the agency if:
(a)
the person is an APS employee in the Department; and
(b)
the person holds or performs the duties of an APS 5 position or higher, or an equivalent position; and
(c)
the agency is satisfied that the person has suitable qualifications and experience.
(3)
If the ESOS agency for a registered provider is an entity that is covered by item 4 of the table in subsection (1), the agency may, in writing, appoint a person as an authorised officer of the agency if:
(a)
the person is an employee or constituent member of the agency; and
(b)
the agency is satisfied that the person has suitable qualifications and experience.

6BMeaning of DSA assessment certificate and DSA recommendation certificate

DSA assessment certificate
(1)
A DSA assessment certificate is a certificate given by the designated State authority for an approved school provider that:
(a)
states that the authority is satisfied that the provider is complying, or will comply, with:
(i)
this Act; and
(ii)
the national code; and
(iii)
if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—those Standards; and
(b)
if the provider is not an exempt provider—states that the authority is satisfied that the provider is fit and proper to be registered; and
(c)
states that the authority is satisfied that the provider has the principal purpose of providing education; and
(d)
states that the authority has no reason to believe that:
(i)
the provider does not have the clearly demonstrated capacity to provide education of a satisfactory standard; or
(ii)
the provider has not been providing, or will not provide, education of a satisfactory standard; and
(e)
recommends the conditions (if any) that should be imposed on the provider’s registration; and
(f)
recommends a period not longer than 7 years for which the provider should be registered; and
(g)
sets out any other matters prescribed by the regulations.
Note: The designated State authority must have regard to the matters in subsection 7A(2) in deciding whether it is satisfied that the provider is fit and proper to be registered.
DSA recommendation certificate
(2)
A DSA recommendation certificate is a certificate given by the designated State authority for an approved school provider that:
(a)
recommends that the ESOS agency for the provider should add one or more courses at one or more locations to the provider’s registration; and
(b)
recommends the conditions (if any) that should be imposed on the provider’s registration; and
(c)
sets out any other matters prescribed by the regulations.
Form of certificates
(3)
A DSA assessment certificate or DSA recommendation certificate must be in the form approved, in writing, by the ESOS agency for the approved school provider to which the certificate relates.

6CMeaning of ESOS agency

(1)
Subject to subsections (3) and (4), the following table sets out the ESOS agency for a provider or registered provider:

ESOS agency
Item	To the extent that a provider or registered provider is:	the ESOS agency for the provider or registered provider is:
1	a registered higher education provider	TEQSA
2	a registered VET provider	the National VET Regulator
3	an approved school provider	the Secretary
4	a person or entity that provides an ELICOS or a Foundation Program	the entity determined under subsection (2)
5	a provider or registered provider that is not covered by another item of this table	the entity determined under subsection (2)

(2)
The Minister may, by legislative instrument, determine that an entity is the ESOS agency for a provider or registered provider covered by item 4 or 5 of the table in subsection (1).
(3)
If a provider or registered provider is covered by more than one item of the table in subsection (1), the Minister may, by legislative instrument:
(a)
determine that one or more entities are the ESOS agencies for the provider; and
(b)
specify the circumstances in which each of those entities is the ESOS agency for the provider.
(4)
If subparagraph 83(2A)(d)(i) or (2B)(d)(i) or paragraph 83(2C)(c) applies in relation to a registered provider, disregard that subparagraph or paragraph in determining the ESOS agency for the provider for the purposes of subsection 83(2A), (2B) or (2C).

6DMeaning of exempt provider

(1)
A provider or registered provider is an exempt provider if:
(a)
the provider is administered by a State education authority; or
(b)
the provider:
(i)
is entitled to receive funds under a law of the Commonwealth for recurrent expenditure for the provision of education or training; and
(ii)
is not a provider prescribed by the regulations for the purposes of this subparagraph; or
(c)
the provider is specified in the regulations.
(2)
To avoid doubt, a private corporate body established in connection with a provider covered by paragraph (1)(a) or (b) is not itself, by virtue of that connection alone, a provider covered by that paragraph.

6EMeaning of provider

(1)
A provider is:
(a)
a registered higher education provider; or
(b)
a registered VET provider; or
(c)
an approved school provider; or
(d)
a person or entity that provides an ELICOS or a Foundation Program; or
(e)
another person or entity (other than a person or entity specified under subsection (2));
that provides, or seeks to provide, courses to overseas students.
(2)
The Minister may, by legislative instrument, specify a person or entity for the purposes of paragraph (1)(e).

7Meaning of tuition fees

In this Act:
tuition fees:
(a)
means fees a provider receives, directly or indirectly, from:
(i)
an overseas student or intending overseas student; or
(ii)
another person who pays the fees on behalf of an overseas student or intending overseas student;
that are directly related to the provision of a course that the provider is providing, or offering to provide, to the student; and
(b)
without limiting paragraph (a), includes any classes of fees prescribed by the regulations for the purposes of this paragraph; and
(c)
without limiting paragraph (a), excludes any classes of fees prescribed by the regulations for the purposes of this paragraph.

7ADeciding whether a provider or registered provider is fit and proper to be registered etc.

(1)
This section applies if it is necessary for the purposes of a provision of this Act for:
(a)
the ESOS agency for a provider or registered provider to decide whether:
(i)
the agency is satisfied, or no longer satisfied, that the provider is fit and proper to be registered; or
(ii)
the agency believes on reasonable grounds that the provider is not fit and proper to be registered; or
(b)
the designated State authority for a provider or registered provider that is an approved school provider to decide whether the authority is satisfied that the provider is fit and proper to be registered.
(2)
In deciding the matter, the ESOS agency or designated State authority must have regard to:
(a)
whether the provider or a related person of the provider has ever been convicted of an offence; and
(b)
whether the registration of the provider or a related person of the provider has ever been cancelled or suspended under this Act or the old ESOS Act; and
(c)
whether the provider or a related person of the provider has ever been issued with an Immigration Minister’s suspension certificate; and
(d)
whether a condition has ever been imposed under this Act on the registration of the provider or a related person of the provider; and
(e)
whether the provider or a related person of the provider has ever:
(i)
become bankrupt; or
(ii)
taken steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii)
compounded with one or more creditors of the provider or person; or
(iv)
made an assignment of the remuneration of the provider or person for the benefit of one or more creditors of the provider or person; and
(f)
whether the provider or a related person of the provider has ever been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; and
(g)
whether the provider or a related person of the provider was involved in the business of the provision of courses by another provider who is covered by any of the above paragraphs at the time of any of the events that gave rise to the relevant conviction or other action; and
(ga)
the matters (if any) specified by the Minister in an instrument under subsection (2A); and
(h)
any other relevant matter.
(2A)
The Minister may, by legislative instrument, make a determination specifying matters for the purposes of paragraph (2)(ga).
(3)
A related person of a provider or registered provider is:
(a)
an associate of the provider who has been, is or will be, involved in the business of the provision of courses by the provider; or
(b)
a high managerial agent of the provider.
(4)
Nothing in subsection (2) affects the operation of Part VIIC of the Crimes Act 1914 (which deals with spent convictions).
(5)
If:
(a)
the Minister determines that an entity is an ESOS agency for a provider or a registered provider under subsection 6C(2) or (3); and
(b)
the entity is not a Commonwealth authority (within the meaning of section 85ZL of the Crimes Act 1914);
the entity is taken to be a Commonwealth authority for the purposes of Part VIIC of the Crimes Act 1914.

7AANo duty imposed on designated State authorities

Nothing in this Act imposes a duty on a designated State authority.

7ABApplication to former registered providers

(1)
This Act continues to apply in relation to a person or entity that was a registered provider as if the person or entity were still a registered provider.
(2)
Subsection (1) applies:
(a)
for the purposes of dealing with or resolving any matter that arose during, or that relates to, the period when the person or entity was a registered provider; and
(b)
without limiting paragraph (a)—for the purposes of dealing with or resolving any matter that relates to:
(i)
tuition fees or other money received by the person or entity, or money owed by the person or entity, in accordance with this Act (whether or not the money is received, or the debt arises, while the person or entity is a registered provider); or
(ii)
a default (whether or not the default occurs while the person or entity is a registered provider).

Division 2Guide to this Act7BGuide to this Act

• This Act regulates providers who provide courses to overseas students.
• A person who provides a course at a location to an overseas student must be registered to provide that course at that location (or do so in accordance with an arrangement with a provider who is so registered).
• This Act, the national code, the ELICOS Standards and the Foundation Program Standards impose obligations on registered providers, including obligations relating to record keeping and financial requirements.
• In particular, there are obligations on registered providers when the provider or an overseas student of the provider defaults, and does not start or finish a course. The provider is required to provide a refund to the student. For a provider default, the provider may instead provide an alternative course for the student at the provider’s expense.
• If a provider that has defaulted does not discharge its obligations to an overseas student, the TPS Director must provide the student with options for suitable alternative courses (if any such courses are available).
• In the case of a default, a call is made on the Overseas Students Tuition Fund to pay for alternative courses, or to provide refunds to students, if providers have not already done so.

Part 2Registration of providersDivision 1Guide to this Part8AGuide to this Part

• A person who provides a course at a location to an overseas student must be registered to provide that course at that location (or do so in accordance with an arrangement with a provider who is so registered).
• Division 2 creates an offence for a person who contravenes that requirement. It is also an offence for a registered provider to offer courses, or hold itself out as able to provide a course, to overseas students without being appropriately registered (or doing so in accordance with an appropriate arrangement).
• Division 3 provides for the registration of providers by the ESOS agency for a provider. A provider may be registered (for a period of up to 7 years) to provide one or more courses at one or more locations to overseas students if the provider meets the registration requirements. Conditions may be imposed on the registration of a provider and those conditions may be varied or revoked.
• Division 3 also provides for the renewal of registrations, the addition of one or more courses at one or more locations to a registered provider’s registration and the extension or continuation of registration periods in certain circumstances.
• Division 4 requires the Secretary to cause a Register to be kept that contains specified information about the registration of all registered providers. The Secretary is also required to ensure that the Register is kept up‑to‑date.

Division 2Offence for providing or promoting a course without a registered provider8Offence: providing or promoting a course without a registered provider

(1)
A person commits an offence if:
(a)
the person:
(i)
provides a course at a location to an overseas student; or
(ii)
makes an offer to an overseas student or an intending overseas student to provide a course at a location to that student; or
(iii)
invites an overseas student or intending overseas student to undertake, or to apply to undertake, a course at a location; or
(iv)
holds himself, herself or itself out as able or willing to provide a course at a location to overseas students; and
(b)
the person is not registered to provide that particular course at that particular location.
Penalty: Imprisonment for 2 years.
(2)
Subsection (1) does not apply if the provision, offer, inviting or holding out is in accordance with an arrangement that the person has with a registered provider for that particular course for that particular location.
Note 1: This means that, if 2 or more providers jointly provide a course, then only one of the providers needs to be registered.
Note 2: However, a provider of a course who is not registered must identify the registered provider in any written material promoting the course (see section 107) and must not engage in misleading or deceptive conduct in relation to the course (see subsection 83(2)).
Note 3: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Defence: surveys etc. to assess demand for a course
(3)
Subsection (1) does not apply as a result of subparagraph (1)(a)(iv) if:
(a)
the relevant conduct was only for either or both of the following purposes:
(i)
carrying out surveys or other investigations to assess the demand for the course; or
(ii)
negotiating with another institution or other body or person in connection with designing or developing the course; and
(b)
the person took reasonable steps to ensure that:
(i)
overseas students and intending overseas students who were, or might become, interested in undertaking the course; and
(ii)
any institution or other body or person who might also provide the course;
were aware that:
(iii)
the person was not a registered provider for the course for the location; and
(iv)
the relevant conduct was not carried out in accordance with an arrangement that the person had with a registered provider for the course for the location; and
(c)
the person neither invited nor accepted any amount for the course from overseas students or intending overseas students, or from the students’ agents.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

Division 3Registration of providersSubdivision AApplication for registration9Provider may apply to be registered

(1)
A provider may apply to be registered to provide a course or courses at a location or locations to overseas students.
(2)
The application must be made to the ESOS agency for the provider.
Note: See section 11A for further rules about applications.

10ESOS agency for provider may register provider

(1)
If a provider makes an application under section 9, the ESOS agency for the provider may register the provider to provide a course or courses at a location or locations if the provider meets the registration requirements.
(2)
The ESOS agency for the provider must use a risk management approach when considering whether to register the provider.

10ANotice of registration

(1)
If:
(a)
a provider makes an application under section 9; and
(b)
the ESOS agency for the provider decides to register the provider;
the agency must, as soon as practicable after making the decision, give the provider written notice of the registration.
(2)
The notice must set out:
(a)
the name of the provider; and
(b)
if the provider is not an individual—the name of the principal executive officer of the provider; and
(c)
the name of the course or courses that the provider is registered to provide; and
(d)
the location or locations at which the provider is registered to provide that course or those courses; and
(e)
the period of registration (which must not be longer than 7 years); and
(f)
any conditions imposed on the provider’s registration under section 10B at the time of registration and when any such conditions take effect; and
(g)
any other matters relating to the registration that the ESOS agency for the provider considers appropriate.
(3)
If the provider is an approved school provider, the ESOS agency for the provider must, in determining the provider’s period of registration, have regard to the period of registration recommended in the DSA assessment certificate given to the agency by the designated State authority for the provider.

Subdivision BConditions of registration10BConditions of registration

(1)
The ESOS agency for a provider or registered provider may at any time:
(a)
impose a condition on the provider’s registration; or
(b)
vary or remove a condition of the provider’s registration.
(2)
The ESOS agency for the provider or registered provider must use a risk management approach in deciding whether to impose, vary or remove a condition.
(3)
A condition may be:
(a)
imposed generally on a provider’s registration; or
(b)
imposed in respect of either or both of the following:
(i)
one or more of the courses that a provider is registered to provide;
(ii)
one or more of the locations at which a provider is registered to provide a course.
(4)
If the ESOS agency for a registered provider does either of the following after the commencement of the provider’s registration:
(a)
imposes a condition on the provider’s registration;
(b)
varies or removes a condition of the provider’s registration;
the agency must include in the notice of the decision given to the provider under section 169AC a statement about when the imposition, variation or removal takes effect.
Note: Section 169AC requires the ESOS agency to give notice of certain decisions.

10CConditions imposed by designated State authorities on the approval of school providers after registration

(1)
If:
(a)
a registered provider for a course for a location is an approved school provider; and
(b)
at any time while the provider is registered, the designated State authority for the provider imposes a condition on the authority’s approval of the provider that relates to the provision of the course;
the ESOS agency for the provider may impose that condition on the provider’s registration under section 10B.
(2)
In deciding whether to impose the condition under section 10B, the ESOS agency for the registered provider must have regard to any advice of the designated State authority for the provider.

(3)
This section does not limit section 10B.

Subdivision CRenewal of registration10DRegistered provider may apply to renew registration

(1)
A registered provider may apply to renew the provider’s registration to provide a course or courses at a location or locations to overseas students.
(2)
The application must be:
(a)
made to the ESOS agency for the register provider; and
(b)
made within the period determined under subsection (3).
Note: See section 11A for further rules about applications.
(3)
The ESOS agency for a registered provider may, by legislative instrument, determine the period within which applications under this section must be made.

10EESOS agency for registered provider may renew registration

(1)
If a registered provider makes an application under section 10D, the ESOS agency for the provider may renew the provider’s registration to provide a course or courses at a location or locations if the provider meets the registration requirements.
(2)
The ESOS agency for the registered provider must use a risk management approach when considering whether to renew the registration of the provider.

10FRegistration continues until decision on renewal takes effect

If:
(a)
a registered provider makes an application under section 10D; and
(b)
the ESOS agency for the provider has not made a decision on the application before the end of the day on which the provider’s registration is due to expire;
the provider’s registration continues until the agency’s decision on the application is stated to take effect.

10GNotice of renewal of registration

(1)
If:
(a)
a registered provider makes an application under section 10D; and
(b)
the ESOS agency for the provider decides to renew the provider’s registration;
the agency must, as soon as practicable after making the decision, give the provider written notice of the renewal.
(2)
The notice must set out:
(a)
the name of the registered provider; and
(b)
if the provider is not an individual—the name of the principal executive officer of the provider; and
(c)
the name of the course or courses that the provider is registered to provide; and
(d)
the location or locations at which the provider is registered to provide that course or those courses; and
(e)
the period of registration (which must not be longer than 7 years); and
(f)
any conditions imposed on the provider’s registration under section 10B at the time of the renewal of the registration and when any such conditions take effect; and
(g)
any other matters relating to the renewal of the registration that the ESOS agency for the provider considers appropriate.
(3)
If the registered provider is an approved school provider, the ESOS agency for the provider must, in determining the provider’s period of registration, have regard to the period of registration recommended in the DSA assessment certificate given to the agency by the designated State authority for the provider.

Subdivision DChanges to registration etc.10HRegistered provider may apply to add one or more courses at one or more locations to registration

(1)
A registered provider may apply to add one or more courses at one or more locations to the provider’s registration.
(2)
The application:
(a)
must be made to the ESOS agency for the registered provider; and
(b)
if the provider is an approved school provider—must be accompanied by a DSA recommendation certificate given by the designated State authority for the provider.
Note: See section 11A for further rules about applications.

10JESOS agency for registered provider may add one or more courses at one or more locations to registration

(1)
If a registered provider makes an application under section 10H to add one or more courses at one or more locations to the provider’s registration, the ESOS agency for the provider may add those courses at those locations to the provider’s registration if the provider meets the registration requirements.
(2)
The ESOS agency for the registered provider must use a risk management approach when considering whether to add one or more courses at one or more locations to the provider’s registration.
(3)
If the ESOS agency for the registered provider decides to add one or more courses at one or more locations to the provider’s registration, the addition does not affect the provider’s period of registration.

10KNotice of addition of one or more courses at one or more locations to registration

(1)
If:
(a)
a registered provider makes an application under section 10H; and
(b)
the ESOS agency for the provider decides to add one or more courses at one or more locations to the provider’s registration;
the agency must, as soon as practicable after making the decision, give the provider written notice of the decision.
(2)
The notice must set out:
(a)
the name of the additional course or courses that the provider is registered to provide; and
(b)
the additional location or locations at which the provider is registered to provide that course or those courses; and
(c)
any conditions imposed on the provider’s registration under section 10B at the time of the decision and when any such conditions take effect; and
(d)
any other matters relating to the decision that the ESOS agency for the provider considers appropriate.

10LExtension of a registered provider’s period of registration

(1)
The ESOS agency for a registered provider that is a registered higher education provider may extend the provider’s period of registration for the purpose of aligning the period with the provider’s period of registration under the TEQSA Act.
(2)
The ESOS agency for a registered provider that is a registered VET provider may extend the provider’s period of registration for the purpose of aligning the period with the provider’s period of registration under the NVETR Act.
(3)
The ESOS agency for a registered provider that is an approved school provider may extend the provider’s period of registration for the purpose of aligning the period with the provider’s period of approval as an approved school provider.
(4)
The ESOS agency for a registered provider must not extend a particular period of registration under subsection (1), (2) or (3) more than once.
(5)
The ESOS agency for a registered provider must use a risk management approach when considering whether to extend the provider’s period of registration.

10MContinuation of registration if provider has not finished providing course before expiry of registration

(1)
This section applies if:
(a)
a registered provider is registered to provide a course at a location; and
(b)
the provider’s registration for the course at the location is due to expire before the provider has finished providing the course at the location; and
(c)
the provider has not applied under section 10D to renew that registration.
(2)
The registered provider’s registration for the course at the location continues until:
(a)
if the provider is an approved school provider—the end of the year in which the provider’s registration would have expired but for this section; or
(b)
otherwise—the provider has finished providing the course at the location to the students who were enrolled in, and had commenced, the course before the day on which the provider’s registration would have expired but for this section.
(3)
Despite subsection (2), the registered provider must not do anything for the purpose of recruiting or enrolling overseas students, or intending overseas students, for the course at the location after the day on which the provider’s registration would have expired but for this section.

Subdivision EOther registration provisions11When a provider or registered provider meets the registration requirements

A provider or registered provider meets the registration requirements if:
(a)
the provider is:
(i)
a resident; or
(ii)
a Table C provider (within the meaning of the Higher Education Support Act 2003); and
(b)
the ESOS agency for the provider is satisfied that the provider is complying, or will comply, with:
(i)
this Act; and
(ii)
the national code; and
(iii)
if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—those Standards; and
(c)
if the provider is not an exempt provider—the ESOS agency for the provider is satisfied that the provider is fit and proper to be registered; and
(d)
the ESOS agency for the provider is satisfied that the provider has the principal purpose of providing education; and
(e)
the ESOS agency for the provider has no reason to believe that:
(i)
the provider does not have the clearly demonstrated capacity to provide education of a satisfactory standard; or
(ii)
the provider has not been providing, or will not provide, education of a satisfactory standard; and
(f)
if the provider is an approved school provider—the designated State authority for the provider has given the ESOS agency for the provider a DSA assessment certificate; and
(g)
if the provider is not a registered provider—the provider has paid:
(i)
schools initial registration charge (if the provider is liable to pay that charge); and
(ia)
National VET Regulator annual registration charge imposed by section 6A of the National Vocational Education and Training Regulator (Charges) Act 2012 (if the provider is liable to pay that charge); and
(ib)
a fee determined under section 232 of the National Vocational Education and Training Regulator Act 2011 (if the provider is liable to pay that fee); and
(ic)
a fee determined under section 158 of the Tertiary Education Quality and Standards Agency Act 2011 (if the provider is liable to pay that fee); and

(ii)
its first TPS levy; and
(h)
if the provider is a registered provider or has previously been registered—the provider is not liable to pay an amount of:
(i)
CRICOS annual registration charge; or
(ii)
schools renewal registration charge; or
(iii)
National VET Regulator annual registration charge imposed by section 6A of the National Vocational Education and Training Regulator (Charges) Act 2012; or
(iiia)
charge payable under section 7 of the National Vocational Education and Training Regulator (Charges) Act 2012; or
(iiib)
charge payable under section 10 of the National Vocational Education and Training Regulator (Charges) Act 2012; or
(iiic)
a fee determined under section 232 of the National Vocational Education and Training Regulator Act 2011; or
(iiid)
a fee determined under section 158 of the Tertiary Education Quality and Standards Agency Act 2011; or

(iiie)
charge imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021; or
(iv)
TPS levy; or
(v)
late payment penalty for any such charge or levy; and
(i)
any other requirements prescribed by the regulations are satisfied.
Note: For when a registered higher education provider has the principal purpose of providing education, see section 5A.

11ARules relating to applications for registration etc.

(1)
This section applies in relation to:
(a)
an application made to the ESOS agency for a provider under section 9; and
(b)
an application made to the ESOS agency for a registered provider under section 10D or 10H.
Form of application etc.
(2)
The application must be:
(a)
made in the form approved, in writing, by the ESOS agency for the provider or registered provider; and
(b)
accompanied by any information and documents required by the agency.
Withdrawal of application
(3)
The provider or registered provider may withdraw the application at any time before a decision is made on the application by giving written notice to the ESOS agency for the provider.
Consideration of application
(4)
When considering the application, the ESOS agency for the provider or registered provider may:
(a)
consider any information in the possession of the agency that is relevant to the application; and
(b)
conduct an audit of any matter relating to the application.
(5)
Subsection (4) does not limit the things that the ESOS agency for the provider or registered provider may do when considering the application.

11BESOS agency may request further information or documents

(1)
This section applies in relation to:
(a)
an application made to the ESOS agency for a provider under section 9; and
(b)
an application made to the ESOS agency for a registered provider under section 10D or 10H.
(2)
If the ESOS agency for the provider or registered provider needs further information or documents to decide the application, the agency may request any or all of the following to give the agency the further information or documents:
(a)
the provider;
(b)
if the provider is an approved school provider—the designated State authority for the provider;
(c)
another ESOS agency.
(3)
The request:
(a)
must be made in writing; and
(b)
must specify the period within which the further information or documents are to be given (which must be at least 14 days after the request is made); and
(c)
contain a statement setting out the effect of subsection (4).
(4)
The ESOS agency for the provider or registered provider may decline to consider, or further consider, the application until the further information or documents are given.

11CCopies of decision notices to be given by the ESOS agency

Notice of registration etc.
(1)
If the ESOS agency for a provider or registered provider gives the provider a notice under section 10A, 10G or 10K, the agency must give a copy of the notice to:
(a)
if the provider is an approved school provider—the designated State authority for the provider; and
(b)
if the ESOS agency for the provider is not the Secretary—the Secretary.
Notice of refusal to register an approved school provider
(2)
If the ESOS agency for a provider that is an approved school provider refuses to register the provider under section 10, the agency must give a copy of the notice of the decision given to the provider under section 169AC to the designated State authority for the provider.
Notice of registration conditions etc.
(3)
If the ESOS agency for a registered provider:
(a)
imposes a condition on, or varies or removes a condition of, the provider’s registration under section 10B after the commencement of the registration; or
(b)
refuses to renew the provider’s registration under section 10E; or
(c)
refuses to add one or more courses at one or more locations to the provider’s registration under section 10J; or
(d)
extends the provider’s period of registration under section 10L;
the agency must give a copy of the notice of the decision given to the provider under section 169AC to:
(e)
if the provider is an approved school provider—the designated State authority for the provider; and
(f)
if the ESOS agency for the provider is not the Secretary—the Secretary.
Note: Section 169AC requires the ESOS agency to give notice of certain decisions.

13TPS Director may require information

(1)
The TPS Director may request a provider who is not yet registered to give the TPS Director information that is relevant to determining the provider’s amount of TPS levy at any time before the provider is registered.
Note: A person could commit an offence if the person provides false or misleading information in complying or purporting to comply with this section: see section 108.
(2)
The TPS Director does not have to determine the amount of the provider’s TPS levy under section 53A until the provider complies with the request.

14Notifying designated State authorities for approved school providers of non‑compliance with this Act etc.

(1)
This section applies if:
(a)
an approved school provider applies for registration under section 9; and
(b)
the ESOS agency for the provider has information suggesting that:
(i)
the provider is not complying, or will not comply, with this Act or the national code; or
(ii)
if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—the provider is not complying, or will not comply, with those Standards; or
(iii)
the provider does not have the principal purpose of providing education; or
(iv)
the provider does not have the clearly demonstrated capacity to provide education of a satisfactory standard; or
(v)
the provider has not been providing, or will not provide, education of a satisfactory standard; and
(c)
the source of the information is not the designated State authority for the provider.
(2)
Before deciding the application for registration, the ESOS agency must:
(a)
give the information to the designated State authority; and
(b)
allow the authority at least 7 days to respond, in writing, to the information.

Division 4The Register14AThe Register

(1)
The Secretary must cause a Register to be kept for the purposes of this Act.
(2)
The Register is called the Commonwealth Register of Institutions and Courses for Overseas Students.
(3)
The Secretary may cause the contents of all or part of the Register to be made available to the public by electronic or other means.
Contents of the Register
(4)
The Secretary must cause the following information to be entered on the Register in relation to each provider’s registration:
(a)
the name of each provider who is registered;
(b)
the name of each course which the provider is registered to provide, and each location at which the provider is registered to provide that course;
(c)
if the provider is not an individual—the name of the principal executive officer of the provider;
(d)
a unique identifier allocated to the provider;
(e)
a unique identifier allocated to each course at each location for which the provider is registered;
(g)
the period of the provider’s registration;
(h)
any conditions of the provider’s registration and when any such conditions take effect;
(i)
any other matters prescribed by the regulations.
(5)
The Secretary may cause any other information he or she considers appropriate to be entered on the Register in relation to a provider’s registration.

14BUpdating the Register

(1)
The Secretary must ensure that the Register is kept up‑to‑date.
(2)
Without limiting subsection (1), the Secretary must cause the Register to be altered appropriately if:
(a)
a provider’s registration is suspended or cancelled for any one or more courses for any one or more locations; or
(b)
a provider’s registration has a condition imposed on it; or
(c)
a provider’s registration has a suspension or condition removed, or a condition varied; or
(d)
a provider applies for review of a decision to suspend or cancel, or to impose a condition on, the provider’s registration.
Note: The Register can also be updated under section 103 (Immigration Minister’s suspension certificate).
(3)
However, a failure to keep the Register up‑to‑date does not affect the validity of any action referred to in subsection (2).

Part 3Obligations on registered providersDivision 1AGuide to this Part15AGuide to this Part

• A registered provider has obligations under this Part.
• Division 1 contains general obligations on registered providers. For example, a registered provider must not engage in misleading or deceptive conduct when recruiting or providing courses to overseas students. Other obligations relate to notification, record keeping and financial requirements.
• Division 2 deals with tuition fees. In general, a registered provider must not receive more than 50% of the total tuition fees for a course before an overseas student begins the course. The provider must keep those fees in a separate account.
• Enforcement action (such as imposing conditions, or suspending or cancelling a registration) can be taken under Part 6 in relation to a registered provider who breaches this Part.

Division 1General obligations15Registered providers must not engage in misleading or deceptive conduct

A registered provider must not engage in misleading or deceptive conduct in connection with:
(a)
the recruitment of overseas students or intending overseas students; or
(b)
the provision of courses to overseas students.
Note: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.

16Only Australian residents and Table C providers may be registered

A registered provider must be:
(a)
a resident of Australia; or
(b)
a Table C provider (within the meaning of the Higher Education Support Act 2003).
Note: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.

17Registered providers must notify their ESOS agency of offences etc. by associates and high managerial agents

(1)
A registered provider must tell the ESOS agency for the provider as soon as practicable if the provider becomes aware that an associate or high managerial agent of the provider:
(a)
has been convicted of an offence under this Act or the old ESOS Act at any time during the last 5 years; or
(aa)
has been convicted of an offence against any other law of the Commonwealth, or against a law of a State, punishable by:
(i)
imprisonment for 2 years or longer; or
(ii)
a fine of 120 penalty units or more;
at any time during the last 5 years; or
(b)
has ever had the associate’s or agent’s registration cancelled or suspended for any one or more courses for any one or more locations under this Act or the old ESOS Act; or
(ba)
if the associate or agent is or has ever been approved (however described) to provide a program, service or activity on behalf of, or with funding from, the Commonwealth or a State—has ever had the associate’s or agent’s approval cancelled or suspended other than at the request of the associate or agent; or
(c)
has ever had an Immigration Minister’s suspension certificate issued in respect of the associate or agent; or
(d)
has ever had a condition imposed on the associate’s or agent’s registration under this Act; or
(da)
if the associate or agent is or has ever been approved (however described) to provide a program, service or activity on behalf of, or with funding from, the Commonwealth or a State—has ever had disciplinary, remedial or other compliance action taken in relation to the approval; or
(e)
was involved in the provision of a course by another provider who is covered by any of paragraphs (a) to (da) at the time of any of the events that gave rise to the relevant prosecution or other action.
Note: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.
No effect on Part VIIC of the Crimes Act
(2)
Nothing in subsection (1) affects the operation of Part VIIC of the Crimes Act 1914 (which, in certain cases, relieves persons from any requirement to disclose spent convictions).
(3)
If:
(a)
the Minister determines that an entity is an ESOS agency for a provider or a registered provider under subsection 6C(2) or (3); and
(b)
the entity is not a Commonwealth authority (within the meaning of section 85ZL of the Crimes Act 1914);
the entity is taken to be a Commonwealth authority for the purposes of Part VIIC of the Crimes Act 1914.

17ARegistered providers must notify their ESOS agency of certain other events

(1)
A registered provider must notify the ESOS agency for the provider of the occurrence of an event that would significantly affect the provider’s ability to comply with this Act.
(2)
Notice under subsection (1) must be given within 10 business days after the event occurs.
(3)
A registered provider must notify the ESOS agency for the provider of:
(a)
any prospective changes to the ownership of the registered provider as soon as practicable before the change takes effect; or
(b)
any prospective or actual change in relation to a related person of the provider:
(i)
if the change cannot be determined until it takes effect—within 10 business days of the change taking effect; or
(ii)
otherwise—as soon as practicable before the change takes effect.
(4)
Notice under subsection (3) must be accompanied by information on the new owner or the related person of the provider to enable the making of a decision under section 7A as to whether:
(a)
the ESOS agency is satisfied, or no longer satisfied, that the provider is fit and proper to be registered; or
(b)
the ESOS agency believes on reasonable grounds that the provider is not fit and proper to be registered.
(5)
A notice under this section must be provided in the manner and form specified by the ESOS agency for the provider for the purposes of this subsection.
Note: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.

18Payments to providers

(1)
If a registered provider for a course enters into an arrangement with one or more other providers to provide the course jointly, the arrangement must:
(a)
be such that the students pay their tuition fees to the registered provider and not directly to the other providers; or
(b)
both:
(i)
be in writing; and
(ii)
provide for the receipt and disbursement of any tuition fees paid by students directly to any of the other providers.
(1A)
However, for the purpose of determining the registered provider’s obligations under this Act, any tuition fees paid by students directly to any of the other providers is taken to have been paid directly to the registered provider.
Note: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.

19Giving information about accepted students

(1)
A registered provider must give the following information within the applicable number of days after the event specified below occurs:
(a)
the name and any other prescribed details of each person who becomes an accepted student of that provider;
(b)
for each person who becomes an accepted student—the name, starting day and expected duration of the course for which the student is accepted;
(c)
the prescribed information about an accepted student who does not begin his or her course when expected;
(d)
any termination of an accepted student’s studies (whether as a result of action by the student or the provider or otherwise) before the student’s course is completed;
(e)
any change in the identity or duration of an accepted student’s course;
(f)
any other prescribed matter relating to accepted students.
(1A)
The applicable number of days is:
(a)
if the accepted student is less than 18 years old and the information is of a kind referred to in paragraph (1)(c) or (d)—14 days; or
(b)
otherwise—31 days.
(2)
A registered provider must give particulars of any breach by an accepted student of a prescribed condition of a student visa as soon as practicable after the breach occurs.
(2A)
A registered provider must give particulars of a breach by a student under subsection (2) even if the student has ceased to be an accepted student of the provider.
(3)
A registered provider must give the information required by this section by entering the information in the computer system established by the Secretary under section 109.
Note 1: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.
Note 2: It is an offence to provide false or misleading information in complying or purporting to comply with this section: see section 108.
Unincorporated registered providers
(4)
If the registered provider is an unincorporated body, then it is instead the principal executive officer of the provider who must give the information as required under this section.
(5)
A registered provider, or the principal executive officer of a registered provider that is an unincorporated body, who fails to comply with this section commits an offence.
Penalty: 60 penalty units.
(6)
An offence under subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

21Record keeping

Records of students’ details
(1)
A registered provider must keep records of each accepted student who is enrolled with the provider or who has paid any tuition fees for a course provided by the provider.
(2)
The records must consist of the following details for each accepted student:
(a)
the student’s current residential address;
(b)
the student’s mobile phone number (if any);
(c)
the student’s email address (if any);
(d)
any other details prescribed by the regulations.
(2A)
A registered provider must have a procedure to ensure that, at least every 6 months, while the student remains an accepted student of the provider:
(a)
the provider confirms, in writing, the details referred to in subsection (2) with the student; and
(b)
the records are updated accordingly.
Records of assessment
(2B)
If:
(a)
an accepted student of a registered provider completes a unit of study for a course; and
(b)
the student’s progress in that unit is assessed;
the provider must record the outcome of the student’s assessment for the unit.
(2C)
A record under subsection (2B) must be:
(a)
kept in accordance with any requirements prescribed by the regulations; and
(b)
kept up‑to‑date.
Retention of records
(3)
The provider must retain records kept under this section for at least 2 years after the person ceases to be an accepted student. However, the records do not need to be kept up‑to‑date after the cessation.
Note: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.
Unincorporated registered providers
(4)
If the registered provider is an unincorporated body, then it is instead the principal executive officer who must keep and retain the records as required under this section.
Offence
(5)
A registered provider, or the principal executive officer of a registered provider that is an unincorporated body, who fails to comply with this section commits an offence.
Penalty: 60 penalty units.
(6)
An offence under subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

21AObligations relating to the agents of registered providers

(1)
A registered provider must:
(a)
maintain a list of all the provider’s agents; and
(b)
publish that list:
(i)
on its website; and
(ii)
in any other manner prescribed by the regulations; and
(c)
comply with any requirements of regulations made for the purposes of subsection (2).
Note: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.
(1A)
A registered provider who fails to comply with subsection (1) commits an offence.
Penalty: 60 penalty units.
(1B)
An offence under subsection (1A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2)
The regulations may prescribe requirements that registered providers must comply with in relation to their agents.

23CRICOS annual registration charge

(1)
If a registered provider is liable to pay CRICOS annual registration charge for a year, the Secretary must give the registered provider a written notice (the first notice) that:
(a)
specifies the amount of the charge payable by the provider; and
(b)
determines that the amount is due for payment at the end of the 30‑day period beginning on the day after the first notice is given to the provider.
Note: CRICOS annual registration charge is imposed by section 5 of the Education Services for Overseas Students (Registration Charges) Act 1997.
(2)
If the registered provider did not pay the amount of CRICOS annual registration charge at or before the time when it became due for payment, the Secretary must give the provider a written notice (the second notice) that:
(a)
specifies the amount of the charge payable by the provider; and
(b)
states that the provider must pay that amount by the end of the 7‑day period beginning on the day after the second notice is given to the provider; and
(c)
sets out the effect of section 90.
Note: Section 90 provides that the provider’s registration is automatically suspended if the provider does not comply with the second notice.
(3)
If:
(a)
the registered provider fails to comply with the second notice; and
(b)
the Secretary is not the ESOS agency for the provider;
the Secretary must notify the ESOS agency for the provider of the failure.
(4)
A notice under this section is not a legislative instrument.

24TPS levies

(1)
A registered provider must pay a TPS levy for each calendar year.
Note: Subdivision B of Division 2 of Part 5A, and the Education Services for Overseas Students (TPS Levies) Act 2012, have details about how amounts of TPS levy are determined.
(2)
A registered provider who is required to pay an amount of TPS levy for a calendar year must pay it to the TPS Director by the day stated in the notice that the TPS Director gives the provider under section 53B.
Note: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.

26Disclosure obligations of registered providers

(1)
A registered provider who is required to pay a TPS levy for a year must tell the TPS Director as soon as practicable of any matter that might cause the TPS Director to increase the amount of levy the provider would be required to pay for that or a later year.
(2)
The obligation in subsection (1) continues to apply even after the registered provider has paid its TPS levy for the year.
TPS Director may request information
(3)
At any time, the TPS Director may request a registered provider to give the TPS Director information that is relevant to determining the provider’s amount of TPS levy. The provider must comply with the request.
Note 1: If a registered provider breaches this section, the ESOS agency for the provider may take action under Division 1 of Part 6 against the provider.
Note 2: It is an offence to provide false or misleading information in complying or purporting to comply with this section: see section 108.

Division 2Tuition fees27Tuition fees

(1)
A registered provider must not receive, in respect of an overseas student or intending overseas student, more than 50% of the student’s total tuition fees for a course before the student has begun the course.
(2)
Subsection (1) does not apply if:
(a)
either of the following choose to pay more than 50% of the overseas student’s, or intending overseas student’s, total tuition fees for a course before the student has begun the course:
(i)
the student;
(ii)
a person who is responsible for paying those fees; or
(b)
the course has a duration of 25 weeks or less.

28Obligation for registered provider to maintain account

Requirement to maintain account
(1)
A registered provider who receives, in respect of an overseas student or intending overseas student, tuition fees for a course before the student has begun the course must maintain an account in accordance with this section.
Note 1: Providers covered by section 31 are not required to comply with this section.
Note 2: The obligation to maintain an account under this section may continue to apply to a person or entity that ceases to be a registered provider until matters relating to tuition fees paid into the account in accordance with section 29 have been dealt with or resolved (see section 7AB).
Account to be maintained with an Australian ADI
(2)
The account must be maintained with an Australian ADI (within the meaning of section 9 of the Corporations Act 2001).

29Obligations in relation to account money

Tuition fees received before course begins to be paid to credit of account
(1)
A registered provider who receives, in respect of an overseas student or intending overseas student, tuition fees for a course before the student has begun the course must pay the fees to the credit of an account maintained in accordance with section 28.
Note: Providers covered by section 31 are not required to comply with this section.
(2)
The provider must pay the fees into the account within 5 business days of receiving the fees.
Note: For the definition of business day, see section 2B of the Acts Interpretation Act 1901.
Requirement in relation to withdrawing money from account
(3)
The provider must ensure that, at all times, there is a sufficient amount (the protected amount) standing to the credit of the account to repay all tuition fees to every overseas student or intending overseas student (a relevant student):
(a)
in respect of whom tuition fees have been paid to the provider; and
(b)
who has not yet begun the course that the provider is to provide to the student.
(4)
An amount may be withdrawn from the account, so as to reduce the balance of the account below the protected amount, only if:
(a)
the amount is withdrawn to pay a refund under section 46D, 47D or 47E to, or in relation to, a relevant student; or
(b)
both of the following apply:
(i)
the provider arranges, under section 46D, for a relevant student to be offered a place in an alternative course at the provider’s expense;
(ii)
the amount is withdrawn to pay the alternative provider in relation to the relevant student; or
(c)
the amount is withdrawn to pay the TPS Director under section 50C in relation to the relevant student.
Note 1: Tuition fees of a relevant student cease to be part of the protected amount (and may therefore be withdrawn from the account) once the student begins the course that the provider is to provide to the student: see subsection (3).
Note 2: There are no limits on withdrawals from the account as long as the balance of the account remains above the protected amount.
(5)
An amount withdrawn in accordance with subsection (4) must not be more than the amount of the tuition fees received by the provider in respect of the relevant student before the student begins the course.
Account money not available for payment of debts etc.
(6)
To avoid doubt, the protected amount:
(a)
is not available for the payment of a debt of any creditor of the provider, other than as referred to in subsection (4); and
(b)
is not liable to be attached or taken in execution under the order or process of a court at the instance of any creditor of the provider, other than as referred to in subsection (4).

30Regulations

The regulations may provide additional requirements in relation to:
(a)
tuition fees for a course received by a provider, in respect of an overseas student or intending overseas student, before the student has begun the course; or
(b)
accounts maintained under this Division.
Note: Providers covered by section 31 are not required to comply with regulations made under this section.

31Exemption from requirement

The following kinds of provider are exempt from the requirements in sections 28 and 29 and in regulations made under section 30:
(a)
a provider that is administered by a State education authority;
(b)
any other provider that is entitled to receive funds under a law of the Commonwealth for recurrent expenditure for the provision of education or training, other than one excluded by the regulations from the scope of this paragraph;
(c)
any other provider specified in the regulations.
To avoid doubt, any private corporate body established in connection with a provider covered by paragraph (a) or (b) of this section is not itself, by virtue of that connection alone, a provider covered by that paragraph.

32Offence

(1)
A person commits an offence if:
(a)
either:
(i)
the person is a registered provider; or
(ii)
if the registered provider is an unincorporated body—the person is the principal executive officer of the provider; and
(b)
the person engages in conduct; and
(c)
the conduct contravenes a requirement of section 28 or 29; and
(d)
the provider is not covered by section 31.
Penalty: 60 penalty units.
(2)
To avoid doubt, subsection (1) does not apply if a person contravenes a requirement of regulations made under section 30.
(3)
Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Part 4The national codeDivision 1Guide to this Part33AGuide to this Part

• The Minister makes a national code under this Part.
• The purpose of the national code is to provide nationally consistent standards and procedures for registered providers and persons who deliver educational services on behalf of such providers.
• Enforcement action (such as imposing conditions, or suspending or cancelling a registration) can be taken under Part 6 in relation to a registered provider who breaches the code.

Division 2The national code33The national code

(1)
The Minister may make a national code by legislative instrument.
Note: The Minister may amend the national code by legislative instrument: see subsection 33(3) of the Acts Interpretation Act 1901.
(2)
The code is to be called the National Code of Practice for Providers of Education and Training to Overseas Students.
(3)
The Minister must ensure as far as practicable that there is a national code in force at all times.

Sch 1 (items 3–6): 3 Mar 2021 (s 2(1) item 3)	Sch 1 (items 2, 6)
Regulatory Powers (Standardisation Reform) Act 2021	32, 2021	26 Mar 2021	Sch 3: 26 Sept 2021 (s 2(1) items 5–7)	Sch 3 (items 13–17)
Education Legislation Amendment (2021 Measures No. 2) Act 2021	55, 2021	24 June 2021	Sch 2: 25 June 2021 (s 2(1) item 4)	—
Education Services for Overseas Students Amendment (Cost Recovery and Other Measures) Act 2021	83, 2021	27 Aug 2021	Sch 1 and 2: 1 Jan 2022 (s 2(1) items 2, 3)	Sch 1 (items 22–25)
Treasury Laws Amendment (2021 Measures No. 5) Act 2021	127, 2021	7 Dec 2021	Sch 2 (item 46): 8 Dec 2021 (s 2(1) item 3)	—
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024	39, 2024	31 May 2024	Sch 5 (items 1–14): 14 Oct 2024 (s 2(1) item 2)	—

Endnote 4Amendment history

Provision affected	How affected
Part 1
Division 1
Division 1 heading......................	ad. No. 9, 2012
s. 4A..........................................	ad. No. 70, 2007
am. No. 9, 2012
s 4B...........................................	ad No 70, 2007
am No 10, 2010; No 9, 2012; No 171, 2015; No 154, 2020
s 4C...........................................	ad No 33, 2016
rep No 154, 2020
s 5.............................................	am No 101, 2002; No 157, 2005; No 143, 2006; No 144, 2006; No 70, 2007; No 10, 2010; No 11, 2011; No 14, 2011; No 74, 2011; No 106, 2011; No 9, 2012; No 2, 2014; No 171, 2015; No 18, 2021; No 32, 2021; No 83, 2021; No 127, 2021; No 39, 2024
s 5AA........................................	ad No 18, 2021
s. 5A..........................................	ad. No. 9, 2012
am No 171, 2015
s. 6............................................	am. No. 55, 2001; No. 144, 2008
s 6A...........................................	ad No 171, 2015
am No 77, 2020
s 6B...........................................	ad No 171, 2015
s 6C...........................................	ad No 171, 2015
s 6D...........................................	ad No 171, 2015
s 6E...........................................	ad No 171, 2015
s. 7............................................	am. No. 32, 2007
rs. No. 9, 2012
s 7A...........................................	ad No 74, 2011
am No 9, 2012
rs No 171, 2015
am No 83, 2017
s 7AA........................................	ad No 171, 2015
s 7AB........................................	ad No 55, 2021
Division 2
Division 2..................................	ad. No. 9, 2012
s. 7B..........................................	ad. No. 9, 2012
am No 171, 2015
Part 2
Part 2 heading.............................	rs No 171, 2015
Division 1
Division 1..................................	ad. No. 9, 2012
s. 8A..........................................	ad. No. 9, 2012
am No 171, 2015
Division 2
Division 2 heading......................	ad. No. 9, 2012
s 8.............................................	am No 101, 2002; No 70, 2007; No 9, 2012; No 4, 2016; No 61, 2016; No 55, 2021
s. 9............................................	am. No. 55, 2001; No. 101, 2002; No. 157, 2005; Nos. 143 and 144, 2006; No. 70, 2007; No. 10, 2010; Nos. 11, 14 and 106, 2011
rep. No. 9, 2012
Division 3
Division 3 heading......................	ad. No. 9, 2012
rs No 171, 2015
Subdivision A
Subdivision A.............................	rs No 171, 2015
s. 9AA.......................................	ad. No. 9, 2012
rep No 171, 2015
s. 9AB.......................................	ad. No. 9, 2012
am. No. 9, 2012
rep No 171, 2015
s. 9AC.......................................	ad. No. 9, 2012
rep No 171, 2015
s. 9AD.......................................	ad. No. 9, 2012
rep No 171, 2015
s. 9AE........................................	ad. No. 9, 2012
rep No 171, 2015
s. 9AF........................................	ad. No. 9, 2012
rep No 171, 2015
s. 9AG.......................................	ad. No. 9, 2012
rep No 171, 2015
s 9.............................................	ad No 171, 2015
s 10............................................	ad No 171, 2015
s 10A.........................................	ad No 171, 2015
Subdivision B
Subdivision B heading.................	rs and renum No 171, 2015
Subdivision B.............................	ad No 171, 2015
s 10B.........................................	ad No 171, 2015
s 10C.........................................	ad No 171, 2015
Subdivision C
Subdivision C.............................	ad No 171, 2015
s 10D.........................................	ad No 171, 2015
s 10E.........................................	ad No 171, 2015
s 10F..........................................	ad No 171, 2015
s 10G.........................................	ad No 171, 2015
Subdivision D
Subdivision D.............................	ad No 171, 2015
s 10H.........................................	ad No 171, 2015
s 10J..........................................	ad No 171, 2015
s 10K.........................................	ad No 171, 2015
s 10L.........................................	ad No 171, 2015
s 10M........................................	ad No 171, 2015
Subdivision E
Subdivision E (prev..................... Subdivision B) heading	rs and renum No 171, 2015
s. 9AH.......................................	ad. No. 9, 2012
rep No 171, 2015
s. 9A..........................................	ad. No. 10, 2010
am. Nos. 11, 14 and 106, 2011
rep. No. 9, 2012
s. 9B..........................................	ad. No. 10, 2010
am. No. 9, 2012
rep No 171, 2015
s. 10...........................................	am. No. 70, 2007; No. 10, 2010; Nos. 14 and 106, 2011
rep. No. 9, 2012
s 11............................................	am No 101, 2002; No 143, 2006
rep No 9, 2012
ad No 171, 2015
am No 83, 2021
s 11A.........................................	ad No 171, 2015
s 11B.........................................	ad No 171, 2015
s 11C.........................................	ad No 171, 2015
s 12............................................	rs No 143, 2006
am No 10, 2010
rs No. 106, 2011; No. 9, 2012
am No 171, 2015
rep No 83, 2021
s. 13...........................................	rs. No. 9, 2012
am No 171, 2015; No 4, 2016
s. 14...........................................	am. No. 101, 2002; No. 10, 2010; No. 14, 2011; No. 9, 2012
rs No 171, 2015
Division 4
Division 4 heading......................	ad. No. 9, 2012
s. 14A........................................	ad. No. 10, 2010
am. Nos. 11 and 14, 2011
rs. No. 9, 2012
am No 171, 2015
s. 14B........................................	ad. No. 11, 2011
am. No. 14, 2011
rs. No. 9, 2012
am No 171, 2015
Part 3
Division 1A
Division 1A................................	ad. No. 9, 2012
s. 15A........................................	ad. No. 9, 2012
am. No. 9, 2012; No 171, 2015
Division 1
s 15............................................	am No 171, 2015
s. 16...........................................	rs. No. 157, 2005
am No 171, 2015
s 17............................................	am No 101, 2002; No 143, 2006; No 9, 2012; No 171, 2015; No 83, 2017
s 17A.........................................	ad No 83, 2017
s. 18...........................................	am. No. 157, 2005; No. 143, 2006; No. 9, 2012; No 171, 2015
s. 19...........................................	am. No. 144, 2006; No. 11, 2011; No. 9, 2012; No 171, 2015
s 20............................................	am No 144, 2006; No 70, 2007; No 11, 2011; No 9, 2012; No 192, 2012; No 171, 2015
rep No 55, 2021
s. 21...........................................	am. No. 11, 2011; No. 9, 2012; No 171, 2015
s. 21A........................................	ad. No. 10, 2010
am. No. 11, 2011; No 171, 2015
s. 22...........................................	am. No. 143, 2006
rs. No. 9, 2012
rep No 171, 2015
s 23............................................	am No 143, 2006; No 171, 2015; No 83, 2017
rs No 83, 2021
s 23A.........................................	ad No 106, 2011
rs No 171, 2015
am No 83, 2017
rep No 83, 2021
s. 24...........................................	rs. No. 9, 2012
am No 171, 2015
s. 25...........................................	rep. No. 9, 2012
s. 26...........................................	rs. No. 9, 2012
am No 101, 2002; No 171, 2015
Division 2
Division 2 heading......................	rs No 2, 2014
Division 2..................................	rs. No. 9, 2012
s. 27...........................................	am. No. 144, 2006; No. 10, 2010; No. 14, 2011
rs. No. 9, 2012
am No 2, 2014; No 171, 2015
s 28............................................	am No 101, 2002; No 144, 2006; No 70, 2007; No 11, 2011
rs No 9, 2012
am No 2, 2014; No 55, 2021
s. 29...........................................	am. No. 70, 2007; No. 11, 2011
rs. No. 9, 2012
am No 2, 2014
s. 30...........................................	am. No. 101, 2002
rs. No. 9, 2012
s. 31...........................................	rs. No. 143, 2006
am. No. 10, 2010
rs. No. 9, 2012
s. 32...........................................	am. No. 143, 2006
rs. No. 9, 2012
Part 4
Division 1
Division 1..................................	ad. No. 9, 2012
s. 33A........................................	ad. No. 9, 2012
am No 171, 2015
Division 2
Division 2 heading......................	ad. No. 9, 2012
s. 33...........................................	am. No. 157, 2005; No. 144, 2006; No. 9, 2012; No 2, 2014
s. 34...........................................	am. No. 9, 2012; No 171, 2015
s. 35...........................................	rep. No. 144, 2006
s. 36...........................................	am. No. 144, 2006
rep. No. 9, 2012
s. 37...........................................	rep. No. 144, 2006
s. 38...........................................	am. No. 9, 2012; No 2, 2014; No 171, 2015
s. 39...........................................	rep. No. 144, 2006
s 40............................................	am. No. 10, 2010; No. 9, 2012; No 171, 2015
s. 41...........................................	am. No. 144, 2006
s. 42...........................................	rep. No. 144, 2006
s. 43...........................................	am. No. 70, 2007; No. 14, 2011; No. 9, 2012
rep No 171, 2015
Part 5
Part 5.........................................	rs. No. 9, 2012
Division 1
s. 45...........................................	rs. No. 9, 2012
s. 46...........................................	rep. No. 9, 2012
Division 2
Subdivision A
s. 46A........................................	ad. No. 9, 2012
am No 171, 2015
s 46B.........................................	ad No 9, 2012
am No 171, 2015; No 55, 2021
s. 46C........................................	ad. No. 9, 2012
rep No 171, 2015
s 46D.........................................	ad No 9, 2012
am No 2, 2014; No 55, 2021
s. 46E........................................	ad. No. 9, 2012
s 46F..........................................	ad No 9, 2012
am No 171, 2015; No 55, 2021
s. 47...........................................	rep. No. 9, 2012
Subdivision B
s. 47A........................................	ad. No. 9, 2012
s. 47B........................................	ad. No. 9, 2012
s. 47C........................................	ad. No. 9, 2012
rep No 171, 2015
s 47D.........................................	ad No 9, 2012
am No 2, 2014; No 55, 2021
s 47E.........................................	ad No 9, 2012
am No 2, 2014; No 55, 2021
s. 47F.........................................	ad. No. 9, 2012
s. 47G........................................	ad. No. 9, 2012
s 47H.........................................	ad No 9, 2012
am No 171, 2015; No 55, 2021
Subdivision C
s 48............................................	rs No 9, 2012
am No 55, 2021
Division 3
s 49............................................	rs No 9, 2012
am No 55, 2021
s. 50...........................................	rep. No. 9, 2012
Division 4
s. 50A........................................	ad. No. 9, 2012
s. 50B........................................	ad. No. 9, 2012
s 50C.........................................	ad No 9, 2012
am No 2, 2014; No 55, 2021
s. 50D........................................	ad. No. 9, 2012
am No 197, 2012
s. 50E........................................	ad. No. 9, 2012
Part 5A
Part 5A......................................	ad. No. 9, 2012
Division 1
s. 51...........................................	rs. No. 9, 2012
am No 97, 2017
s. 52...........................................	am. No. 46, 2011
rep. No. 9, 2012
Division 2
Subdivision A
s. 52A........................................	ad. No. 9, 2012
am No 62, 2014
s. 52B........................................	ad. No. 9, 2012
am No 62, 2014
s 52C.........................................	ad No 9, 2012
am No 62, 2014; No 111, 2019
s. 53...........................................	rep. No. 9, 2012
Subdivision B
s. 53A........................................	ad. No. 9, 2012
am No 97, 2017
s 53B.........................................	ad No 9, 2012
am No 171, 2015; No 39, 2024
s. 53C........................................	ad. No. 9, 2012
am No 171, 2015
s 53D.........................................	ad No 9, 2012
am No 171, 2015; No 83, 2017
s. 54...........................................	rep. No. 9, 2012
Division 3
s 54A.........................................	ad No 9, 2012
am No 111, 2019; No 101, 2020
s 54B.........................................	ad No 9, 2012
am No 171, 2015; No 101, 2020
s. 54C........................................	ad. No. 9, 2012
s. 54D........................................	ad. No. 9, 2012
s. 54E........................................	ad. No. 9, 2012
s. 54F.........................................	ad. No. 9, 2012
s. 54G........................................	ad. No. 9, 2012
s. 54H........................................	ad. No. 9, 2012
s. 54J.........................................	ad. No. 9, 2012
s. 54K........................................	ad. No. 9, 2012
s. 54L........................................	ad. No. 9, 2012
s. 54M.......................................	ad. No. 9, 2012
s 54N.........................................	ad No 171, 2015
s. 55...........................................	rep. No. 9, 2012
Division 4
Subdivision A
s 55A.........................................	ad No 9, 2012
am No 111, 2019; No 101, 2020
s. 55B........................................	ad. No. 9, 2012
s 55C.........................................	ad No 9, 2012
am No 62, 2014; No 111, 2019
s. 55D........................................	ad. No. 9, 2012
s. 55E........................................	ad. No. 9, 2012
s. 55F.........................................	ad. No. 9, 2012
s. 55G........................................	ad. No. 9, 2012
s. 55H........................................	ad. No. 9, 2012
s. 55J.........................................	ad. No. 9, 2012
s. 55K........................................	ad. No. 9, 2012
s. 55L........................................	ad. No. 9, 2012
s. 55M.......................................	ad. No. 9, 2012
s. 55N........................................	ad. No. 9, 2012
s. 56...........................................	rep. No. 9, 2012
Subdivision B
s. 56A........................................	ad. No. 9, 2012
s. 56B........................................	ad. No. 9, 2012
s. 56C........................................	ad. No. 9, 2012
s. 56D........................................	ad. No. 9, 2012
s. 56E........................................	ad. No. 9, 2012
s. 56F.........................................	ad. No. 9, 2012
s. 56G........................................	ad. No. 9, 2012
s. 57...........................................	rep. No. 9, 2012
s. 58...........................................	rep. No. 9, 2012
s. 59...........................................	rep. No. 9, 2012
s. 60...........................................	am. No. 143, 2006
rep. No. 9, 2012
s. 61...........................................	rep. No. 9, 2012
s. 62...........................................	rep. No. 9, 2012
s. 63...........................................	am. No. 10, 2010
rep. No. 9, 2012
s. 64...........................................	rs. No. 10, 2010
rep. No. 9, 2012
s. 65...........................................	am. No. 10, 2010
rep. No. 9, 2012
s. 66...........................................	am. No. 10, 2010
rep. No. 9, 2012
s. 67...........................................	am. No. 10, 2010
rep. No. 9, 2012
s. 68...........................................	rep. No. 9, 2012
s. 69...........................................	am. No. 10, 2010
rep. No. 9, 2012
s. 70...........................................	rep. No. 9, 2012
s. 71...........................................	rep. No. 9, 2012
s. 72...........................................	rep. No. 9, 2012
s. 73...........................................	rep. No. 9, 2012
s. 74...........................................	rep. No. 9, 2012
s. 74A........................................	ad. No. 10, 2010
rep. No. 9, 2012
s. 75...........................................	rep. No. 9, 2012
Division 5..................................	rep. No. 9, 2012
s. 76...........................................	am. No. 101, 2002; Nos. 143 and 144, 2006; No. 10, 2010
rep. No. 9, 2012
s. 77...........................................	am. No. 101, 2002; No. 144, 2006; No. 10, 2010
rep. No. 9, 2012
s. 77A........................................	ad. No. 144, 2006
rep. No. 9, 2012
s. 78...........................................	am. No. 101, 2002
rep. No. 9, 2012
s. 79...........................................	rep. No. 9, 2012
s. 80...........................................	am. No. 55, 2001
rep. No. 9, 2012
s. 80A........................................	ad. No. 10, 2010
rep. No. 9, 2012
s. 81...........................................	rep. No. 9, 2012
s. 82...........................................	rep. No. 9, 2012
Part 6
Part 6 heading.............................	rs No 32, 2021
Division 1A
Division 1A................................	ad. No. 9, 2012
s 83A.........................................	ad No 9, 2012
am No 9, 2012; No 171, 2015; No 32, 2021
Division 1
Subdivision A
s. 83...........................................	am. No. 101, 2002; No. 143, 2006; No. 10, 2010; No. 9, 2012; No 2, 2014; No 171, 2015
s 84............................................	rs No 171, 2015
s 85............................................	am No 171, 2015
s 86............................................	am No 171, 2015
Subdivision B heading.................	rep. No. 101, 2002
s. 87...........................................	rep. No. 101, 2002
ad No 171, 2015
s. 88...........................................	am. No. 70, 2007
rep. No. 9, 2012
Subdivision C
s. 89...........................................	am. No. 143, 2006; No. 14, 2011; No. 9, 2012
rs No 171, 2015
s. 89A........................................	ad. No. 143, 2006
am. No. 10, 2010; Nos. 14 and 74, 2011; No. 9, 2012
rep No 171, 2015
s 90............................................	rs No 143, 2006
am No 106, 2011; No 9, 2012; No 171, 2015; No 83, 2021
s. 91...........................................	am. No. 9, 2012
rep No 171, 2015
s. 92...........................................	am. No. 9, 2012
s. 92A........................................	ad. No. 10, 2010
rep. No. 9, 2012
s. 92B........................................	ad. No. 10, 2010
am. No. 14, 2011
rep. No. 9, 2012
Subdivision D
s. 93...........................................	am. No. 101, 2002; No. 143, 2006; No. 10, 2010; No. 11, 2011; No. 9, 2012
rs No 171, 2015
s. 94...........................................	rs. No. 143, 2006
am. No. 10, 2010; No 171, 2015
s. 95...........................................	rs. No. 101, 2002
am. No. 10, 2010; No. 9, 2012; No 171, 2015
s. 96...........................................	am. No. 101, 2002; No. 11, 2011
rep. No. 9, 2012
Division 2
s. 97...........................................	am. No. 9, 2012
s. 101.........................................	am. No. 9, 2012; No 4, 2016; No 61, 2016
Division 3
s. 104.........................................	am. No. 144, 2006

rep. No. 11, 2011
s. 105.........................................	rep. No. 11, 2011
s 106..........................................	am No 11, 2011; No 9, 2012; No 171, 2015
rep No 32, 2021
s. 107.........................................	am. No. 70, 2007; No. 9, 2012; No 4, 2016; No 61, 2016
s 108..........................................	am No 9, 2012; No 4, 2016; No 61, 2016; No 55, 2021
s. 109.........................................	am. No 161, 2001; No. 9, 2012; No 171, 2015; No 4, 2016; No 61, 2016
s. 110.........................................	rep. No. 9, 2012
Division 4
Division 4..................................	ad No 9, 2012
rep No 32, 2021
s 110A.......................................	ad No 9, 2012
am No 171, 2015
rep No 32, 2021
s 110B.......................................	ad No 9, 2012
am No 13, 2013; No 171, 2015; No 13, 2021
rep No 32, 2021
Part 7
Part 7 heading.............................	rs No 32, 2021
Division 1A
Division 1 (prev Division 1A)
Division 1A................................	ad No 9, 2012
renum No 83, 2021
s 111A.......................................	ad No 9, 2012
am No 171, 2015
rs No 32, 2021
am No 83, 2021 (md not incorp)
Division 1
Division 1 heading......................	am No 83, 2021 (amdt never applied (Sch 1 item 18))
Division 1..................................	rep No 32, 2021
s 111..........................................	rep No 32, 2021
s 112..........................................	rep No 32, 2021
Division 1B
Division 1B................................	ad No 83, 2021
s 112A.......................................	ad No 83, 2021
Division 2
Subdivision A
s. 113.........................................	am. No. 9, 2012; No 171, 2015
s 113A.......................................	ad No 171, 2015
s 114..........................................	am No 171, 2015
s 115..........................................	am No 171, 2015
Subdivision B
s. 116.........................................	am. No. 9, 2012; No 171, 2015
s 117..........................................	am No 171, 2015
Subdivision C
s. 119.........................................	rep. No. 11, 2011
s 120..........................................	am No 4, 2016; No 61, 2016
s 121..........................................	am No 4, 2016; No 61, 2016
s 122..........................................	am No 171, 2015; No 4, 2016; No 61, 2016
s 122A.......................................	ad No 171, 2015
s 124..........................................	am. No. 74, 2011; No 171, 2015
s 125..........................................	am. No. 74, 2011; No 171, 2015
s 125A.......................................	ad No 171, 2015
s 126..........................................	am No 171, 2015
s 127..........................................	am No 171, 2015
s 128..........................................	am No 171, 2015; No 39, 2024
s 128A.......................................	ad No 171, 2015; No 39, 2024
s 129..........................................	am No 171, 2015; No 32, 2021; No 39, 2024
Division 3
Division 3..................................	rs No 32, 2021
s 130..........................................	am No 171, 2015
rs No 32, 2021
am No 32, 2021
Division 4
Division 4..................................	rs No 32, 2021
s 131..........................................	am No 171, 2015
rs No 32, 2021
am No 32, 2021
Division 5
Division 5..................................	rs No 32, 2021
s 132..........................................	am No 171, 2015; No 4, 2016
rs No 32, 2021
am No 32, 2021
Division 6
Division 6 heading......................	ad No 32, 2021
s 133..........................................	am No 171, 2015; No 4, 2016
rs No 32, 2021
am No 32, 2021
s 134..........................................	am No 171, 2015; No 4, 2016; No 61, 2016
rep No 32, 2021
s 135..........................................	am No 171, 2015; No 4, 2016; No 61, 2016
rep No 32, 2021
s 136..........................................	am No 171, 2015; No 4, 2016; No 61, 2016
rep No 32, 2021
s 137..........................................	am No 171, 2015
rep No 32, 2021
s 138..........................................	am No 171, 2015
rep No 32, 2021
s 139..........................................	am No 171, 2015
rep No 32, 2021
s 140..........................................	am No 171, 2015
rep No 32, 2021
s 141..........................................	am No 171, 2015
rep No 32, 2021
s 142..........................................	am No 171, 2015
rep No 32, 2021
s 143..........................................	am No 171, 2015
rep No 32, 2021
s 144..........................................	rep No 32, 2021
s 145..........................................	am No 171, 2015
rep No 32, 2021
s 146..........................................	am No 171, 2015
rep No 32, 2021
s 147..........................................	am No 171, 2015
rep No 32, 2021
s 148..........................................	am No 171, 2015
rep No 32, 2021
s 149..........................................	am No 171, 2015
ed C29
am No 41, 2018
rep No 32, 2021
s 150..........................................	am No 171, 2015
rep No 32, 2021
s 151..........................................	am No 171, 2015
rep No 32, 2021
s 152..........................................	am No 171, 2015
rep No 32, 2021
s 153..........................................	am No 171, 2015
rep No 32, 2021
s 154..........................................	am No 171, 2015
rep No 32, 2021
s 155..........................................	am No 171, 2015; No 4, 2016; No 61, 2016
rep No 32, 2021
Subdivision B heading.................	rs No 171, 2015
rep No 32, 2021
s 156..........................................	am No 171, 2015
rep No 32, 2021
s 157..........................................	am No 171, 2015
rep No 32, 2021
s 158..........................................	am No 171, 2015
rep No 32, 2021
s 159..........................................	am No 171, 2015
rep No 32, 2021
s 160..........................................	rep No 32, 2021
s 161..........................................	rep No 32, 2021
s 162..........................................	am No 171, 2015; No 4, 2016; No 61, 2016
rep No 32, 2021
s 163..........................................	am No 171, 2015
rep No 32, 2021
s 164..........................................	am No 171, 2015
rep No 32, 2021
s 165..........................................	am No 171, 2015
rep No 32, 2021
s 166..........................................	am No 171, 2015
rep No 32, 2021
s 167..........................................	am No 171, 2015
rep No 32, 2021
s 168..........................................	rep No 32, 2021
s 169..........................................	rep No 32, 2021
Part 7A
Part 7A......................................	ad No 171, 2015
Division 1
s 169AA.....................................	ad No 171, 2015
am No 39, 2024
Division 2
s 169AB.....................................	ad No 171, 2015
s 169AC.....................................	ad No 171, 2015
s 169AD.....................................	ad No 171, 2015
am No 39, 2024
s 169AE.....................................	ad No 171, 2015
am No 39, 2024
s 169AF.....................................	ad No 171, 2015
s 169AG.....................................	ad No 171, 2015
am No 39, 2024
Part 8
s 169A.......................................	ad No 9, 2012
am No 171, 2015
s. 170A......................................	ad. No. 11, 2011
am No 171, 2015
s. 170B......................................	ad. No. 9, 2012
s 170C.......................................	ad No 171, 2015
s. 170.........................................	rs. No. 14, 2011
am. No. 74, 2011; No. 9, 2012; No 171, 2015
s 171A.......................................	ad No 171, 2015
am No 77, 2020
s. 171.........................................	am. No. 143, 2006; No. 106, 2011; No 145, 2015; No 171, 2015
s 172..........................................	am No 143, 2006; No 70, 2007; No 106, 2011; No 9, 2012; No 171, 2015; No 83, 2021
s 173..........................................	am No 143, 2006; No 106, 2011; No 9, 2012; No 171, 2015; No 83, 2021
s. 174.........................................	am. No. 9, 2012
s 175..........................................	am No 143, 2006; No 9, 2012; No 126, 2015; No 171, 2015; No 83, 2017
s. 176.........................................	am. No. 101, 2002; No. 143, 2006; No. 10, 2010; No. 11, 2011; No. 9, 2012
rep No 171, 2015
s 176A.......................................	rep No 9, 2012
ad No 111, 2019
ed C34
s 176B.......................................	ad. No. 14, 2011
am No 126, 2015
s 176C.......................................	ad No 14, 2011
am No 126, 2015
s 176D.......................................	ad No 18, 2021