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

3   After section 6B

Insert:

6BA Meaning of education agent

An education agent is an entity (whether within or outside Australia) that:

(a) engages in any one or more of the following activities in relation to a provider:

(i) the recruitment of overseas students, or intending overseas students;

(ii) providing information, advice or assistance to overseas students, or intending overseas students, in relation to enrolment;

(iii) otherwise dealing with overseas students, or intending overseas students; and

(b) is not a permanent full-time or part-time officer or employee of the provider.

6BB Meaning of education agent commission

Education agent commission means any consideration or benefit, whether monetary or non-monetary, that:

(a) is or will be given, by, or on behalf of, a provider to an education agent, or an associate of the education agent; and

(b) is in connection with:

(i) the recruitment of an overseas student or an intending overseas student; or

(ii) any other activity in relation to an overseas student or an intending overseas student mentioned in paragraph (a) of the definition of education agent in section 6BA.

Note: Examples of such consideration or benefits include fees, charges, commissions, bonuses, performance payments, gifts, discounted or free services, rewards and incentives.