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

Schedule 1   Amendments relating to overseas students and education

Part 1   Education agents and commissions

Division 1   Amendments

Education Services for Overseas Students Act 2000

9   After section 21A

Insert:

21B Giving information about education agent commissions

Request for information about commissions

(1) The Secretary may request a registered provider to give specified information about, or in relation to, education agent commissions, given by, or on behalf of, the provider to one or more education agents over a specified period (the reporting period ) in connection with the recruitment of accepted students of the provider.

(2) The request must:

(a) be in writing; and

(b) specify the reporting period; and

(c) specify the day by which the information is to be given; and

(d) specify the manner or form in which information is to be given (including by requiring information to be entered in the computer system established under section 109); and

(e) specify the documents (if any) which must accompany the information.

(3) Without limiting subsection (1), the information may relate to one or more of the following:

(a) the total amount in dollars given to each education agent;

(b) the value and description of non-monetary benefits given to each education agent;

(c) the number of accepted students of the provider recruited by each education agent.

(4) The day specified for the purposes of paragraph (2)(c) must be at least 30 days after the request is given to the provider.

Provider must comply with request

(5) The registered provider must comply with the request before:

(a) the day specified in the request; or

(b) any later day allowed by the Secretary.

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.

(6) If specified in the request, 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.

Offence

(7) A registered provider who fails to comply with subsection (5) commits an offence.

Penalty: 60 penalty units.

(8) An offence under subsection (7) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(9) Section 4K (continuing offences) of the Crimes Act 1914 does not apply in relation to an offence under subsection (7) of this section.