Education Legislation Amendment (Integrity and Other Measures) Act 2025 (74 of 2025)

Schedule 1   Amendments relating to overseas students and education

Part 5   Automatic cancellation of registration

Education Services for Overseas Students Act 2000

39   At the end of Subdivision C of Division 1 of Part 6

Add:

92A Automatic cancellation if provider does not provide a course in 12 month period

(1) This section applies in relation to a registered provider if:

(a) the provider is not an approved school provider; and

(b) in a period of 12 consecutive months beginning on or after 1 January 2026 (the measurement period ), the provider does not provide any courses at any location to any overseas students.

(2) Subject to section 92B, the registration of the provider is cancelled for all courses for all locations at the end of the measurement period by force of this subsection.

(3) The ESOS agency for the provider must:

(a) give the provider a written notice stating that the provider's registration has been cancelled under subsection (2); and

(b) if the ESOS agency for the provider is not the Secretary - notify the Secretary that the provider's registration has been cancelled under subsection (2).

Note: The Secretary must cause the Register to be altered if a provider's registration is cancelled: see section 14B.

92B Extension of measurement period

Registered provider may apply for extension of measurement period

(1) A registered provider may apply to the ESOS agency for the provider to extend the measurement period referred to in paragraph 92A(1)(b).

(2) An application must be made at least 90 days before the measurement period would otherwise end.

(3) An application must be in a form (if any) approved by the ESOS agency for the provider.

Extension

(4) If an application is made, the ESOS agency for the provider may, in writing, extend the measurement period in relation to the provider.

(5) The ESOS agency may extend a measurement period in relation to a registered provider under subsection (4) more than once.

(6) The total period of all extensions of a measurement period in relation to a registered provider under subsection (4) must not exceed 12 months.