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

Schedule 1   Amendments relating to overseas students and education

Part 8   Internal review

Division 1   Amendments

Education Services for Overseas Students Act 2000

48   At the end of section 169AD

Add:

(3) After receiving such an application, the ESOS agency may, by written notice given to the applicant, determine that the operation of the decision is stayed pending the outcome of the review.

(4) If the ESOS agency makes a determination under subsection (3), the operation of the decision is stayed by force of this subsection:

(a) from whichever of the following applies:

(i) the start of the day that the determination is made;

(ii) if the determination specifies a later day - the start of that later day; and

(b) until whichever of the following applies:

(i) a decision is made under section 169AE in relation to the reviewable decision;

(ii) an application is made in accordance with section 169AG for review of the reviewable decision.

Note 1: Section 169AE deals with internal review. Section 169AG deals with review by the Administrative Review Tribunal.

Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(5) A determination made under subsection (3) is subject to any conditions that are specified in the determination.