Education Legislation Amendment (Integrity and Other Measures) Act 2025 (74 of 2025)
Schedule 1 Amendments relating to overseas students and education
Part 3 Management of provider applications
Education Services for Overseas Students Act 2000
32 At the end of Part 2
Add:
Division 5 - Suspension of applications for registration
14C Minister may suspend processing of applications for registration
ESOS agency is not required to do any processing activity
(1) The Minister may, by legislative instrument, determine that an ESOS agency for a provider is not required to deal with applications made under section 9 until after a day specified in the instrument.
Note: Section 9 provides that a provider may apply to be registered to provide a course or courses at a location or locations to overseas students.
(2) Between the day an instrument made under subsection (1) commences and the day specified in the instrument, the ESOS agency for the provider is not required to do any processing activity in relation to an application to which the instrument applies.
ESOS agency must not do any processing activity
(3) The Minister may, by legislative instrument, determine that an ESOS agency for a provider must not deal with applications made under section 9 until after a day specified in the instrument.
(4) Between the day an instrument made under subsection (3) commences and the day specified in the instrument, the ESOS agency for the provider must not do any processing activity in relation to an application to which the instrument applies.
Instruments under this section
(5) The day specified in an instrument made under subsection (1) or (3) must not be more than 12 months after the day the instrument commences.
(6) An instrument made under subsection (1) or (3) of this section may be expressed to apply to:
(a) all applications made under section 9 or one or more classes of applications made under that section; and
(b) applications under that section made before or after the commencement of the instrument (or both); and
(c) applications under that section made before or after the commencement of this section (or both).
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(7) Despite subsection 14(2) of the Legislation Act 2003, an instrument made under subsection (1) or (3) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
(8) Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection (1) or (3).
14D Minister may suspend processing of applications to add courses to registration
ESOS agency is not required to do any processing activity
(1) The Minister may, by legislative instrument, determine that an ESOS agency for a registered provider is not required to deal with applications made under section 10H until after a day specified in the instrument.
Note: Section 10H provides that a registered provider may apply to add one or more courses at one or more locations to the provider's registration.
(2) Between the day an instrument made under subsection (1) commences and the day specified in the instrument, the ESOS agency for the provider is not required to do any processing activity in relation to an application to which the instrument applies.
ESOS agency must not do any processing activity
(3) The Minister may, by legislative instrument, determine that an ESOS agency for a registered provider must not deal with applications made under section 10H until after a day specified in the instrument.
(4) Between the day an instrument made under subsection (3) commences and the day specified in the instrument, the ESOS agency for the provider must not do any processing activity in relation to an application to which the instrument applies.
Instruments under this section
(5) The day specified in an instrument made under subsection (1) or (3) must not be more than 12 months after the day the instrument commences.
(6) An instrument made under subsection (1) or (3) of this section may be expressed to apply to:
(a) all applications made under section 10H or one or more classes of applications made under that section; and
(b) applications under that section made before or after the commencement of the instrument (or both); and
(c) applications under that section made before or after the commencement of this section (or both).
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(7) Despite subsection 14(2) of the Legislation Act 2003, an instrument made under subsection (1) or (3) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
(8) Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection (1) or (3).
14E Minister may suspend making of applications for registration
(1) The Minister may, by legislative instrument, determine that no applications may be made under section 9 until after a day specified in the instrument.
Note: Section 9 provides that a provider may apply to be registered to provide a course or courses at a location or locations to overseas students.
(2) An application under section 9 is invalid if:
(a) the application is made between the day an instrument made under subsection (1) of this section commences and the day specified in the instrument; and
(b) the application is an application to which the instrument applies.
(3) The day specified in an instrument made under subsection (1) must not be more than 12 months after the day the instrument commences.
(4) An instrument made under subsection (1) of this section may be expressed to apply to all applications that may be made under section 9 or one or more classes of application that may be made under that section.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(5) Despite subsection 14(2) of the Legislation Act 2003, an instrument made under subsection (1) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
(6) Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection (1).
14F Minister may suspend making of applications to add courses to registration
(1) The Minister may, by legislative instrument, determine that no applications may be made under section 10H until after a day specified in the instrument.
Note: Section 10H provides that a registered provider may apply to add one or more courses at one or more locations to the provider's registration.
(2) An application under section 10H is invalid if:
(a) the application is made between the day an instrument made under subsection (1) of this section commences and the day specified in the instrument; and
(b) the application is an application to which the instrument applies.
(3) The day specified in an instrument made under subsection (1) must not be more than 12 months after the day the instrument commences.
(4) An instrument made under subsection (1) of this section may be expressed to apply to all applications that may be made under section 10H or one or more classes of application that may be made under that section.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(5) Despite subsection 14(2) of the Legislation Act 2003, an instrument made under subsection (1) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
(6) Section 42 (disallowance) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection (1).
14G Requirements before making instruments under this Division
(1) Before the Minister makes an instrument under any of sections 14C, 14D, 14E or 14F, the Minister must consult with each of the following:
(a) TEQSA;
(b) the National VET Regulator;
(c) the Secretary;
(d) if the Minister has determined that an entity (other than an entity mentioned in paragraph (a), (b) or (c)) is an ESOS agency for a provider or a registered provider under subsection 6C(2) - that entity.
(2) A failure to consult as required by subsection (1) does not affect the validity of an instrument made under section 14C, 14D, 14E or 14F.
(3) If the Minister does not administer the National Vocational Education and Training Regulator Act 2011, the Minister must not make an instrument under any of sections 14C, 14D, 14E or 14F without the written agreement of the Minister who administers that Act.