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

the recruitment of overseas students, or intending overseas students;

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

otherwise dealing with overseas students, or intending overseas students; and

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

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

is in connection with:

the recruitment of an overseas student or an intending overseas student; or

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.

whether the provider, or an associate of the provider, has any ownership or control (whether direct or indirect) of an education agent, and if so, the value or extent of the ownership or control; and

whether an education agent, or an associate of the education agent, has any ownership or control (whether direct or indirect) of the provider, and if so, the value or extent of the ownership or control; and

the provider, or an associate of the provider, begins to own or control an education agent;

there is a change in the ownership or control of an education agent by the provider or an associate of the provider;

an education agent, or an associate of the education agent, begins to own or control the provider;

there is a change in the ownership or control of the provider by an education agent or an associate of the education agent.

be in writing; and

specify the reporting period; and

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

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

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

the total amount in dollars given to each education agent;

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

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

the day specified in the request; or

any later day allowed by the Secretary.

section 21B (giving information about education agent commissions);

subsection 21B(7);

applications for registration made on or after the commencement of this Part; and

applications for registration made before the commencement of this Part but not yet decided as at that commencement; and

(c) providers registered before, on or after the commencement of this Part.

the number of transfers of accepted students, recruited or otherwise dealt with by an education agent, from one provider or registered provider to a different provider or registered provider; or

(b) the number of transfers of accepted students, recruited or otherwise dealt with by an education agent, from one course to a different course; or

information about education agent commissions in connection with the recruitment of accepted students.

performance of a function or exercise of a power under or for the purposes of this Act; or

an act connected with performing functions or exercising powers under or for the purposes of this Act.

all applications made under section 9 or one or more classes of applications made under that section; and

applications under that section made before or after the commencement of the instrument (or both); and

applications under that section made before or after the commencement of this section (or both).

all applications made under section 10H or one or more classes of applications made under that section; and

applications under that section made before or after the commencement of the instrument (or both); and

applications under that section made before or after the commencement of this section (or both).

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

the application is an application to which the instrument applies.

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

the application is an application to which the instrument applies.

TEQSA;

the National VET Regulator;

the Secretary;

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.

subsections 14C(1) and (3), 14D(1) and (3), 14E(1) and 14F(1) (suspension of applications for registration);

subsection 96B(1) (Minister may make instrument specifying courses).

if the provider is not:

an exempt provider; or

a registered provider; or

a provider that provides only one or both of an ELICOS or a Foundation Program; or

(iv) a Table A provider (within the meaning of the Higher Education Support Act 2003); or

(v) a registered higher education provider (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011); or

a registered TAFE provider;

counts towards the total of 2 years; and

does not prevent study periods from being consecutive.

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.

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

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).

whether the provider or a related person of the provider is being investigated for an offence covered by subsection (2AA); and

an offence under this Act;

(b) an offence under Criminal Code;Division 270 or 271 of the

(c) an offence under Corporations Act 2001;section 590 of the

an offence specified in a legislative instrument made by the Minister for the purposes of this paragraph.

applications for registration made on or after the commencement of this Part; and

applications for registration made before the commencement of this Part but not yet decided as at that commencement; and

(c) providers registered before, on or after the commencement of this Part;

there are or have been systemic problems in relation to the standard of delivery of the courses included in the class; or

the courses included in the class provide limited value to Australia’s current, emerging and future skills and training needs and priorities; or

it is in the public interest to do so.

whether the courses included in the class are provided by registered providers that are breaching or have breached:

this Act; or

the national code; or

if the ELICOS Standards or Foundation Program Standards apply in relation to the provider—those Standards; or

a condition of the provider’s registration;

completion rates of accepted students of those courses;

the number of transfers of accepted students from or to those courses;

the location or locations at which providers are registered to provide those courses.

the kind of course;

the kind of provider registered to provide the course;

the location of the course;

any other circumstances applying in relation to the course.

TEQSA, if a course included in the class of courses specified in the instrument is provided by a provider that is regulated by TEQSA;

the National VET Regulator, if a course included in the class of courses specified in the instrument is provided by a provider that is regulated by the National VET Regulator;

the Secretary;

such persons or entities from among those (if any) specified in an instrument under subsection (8) as the Minister considers appropriate.

specify one or more persons or entities; and

specify circumstances in which consulting any one or more of those persons or entities is to be considered.

(a) an instrument under subsection (1) specifies a class of courses that includes a VET course within the meaning of the National Vocational Education and Training Regulator Act 2011; and

the Minister does not administer that Act;

(a) a provider (other than a Table A provider within the meaning of the Higher Education Support Act 2003) makes an application under:

section 9 to register a course; or

section 10D to renew the registration of a course; or

section 10H to add a course to the provider’s registration; and

the course is in a class of courses specified in an instrument in force under subsection 96B(1).

(a) a registered provider (other than a Table A provider within the meaning of the Higher Education Support Act 2003) is registered to provide a course at a location or locations; and

the course is included in a class of courses specified in an instrument in force under subsection 96B(1); and

30 days after that instrument commences, one or more students are enrolled in and have commenced, but not completed or withdrawn from, the course.

do any thing for the purpose of recruiting or enrolling overseas students or intending overseas students for the course; or

solicit or accept any money from an overseas student or an intending overseas student for the course other than overseas students who are enrolled in and have commenced the course; or

if an accepted student of the provider has not commenced the course—permit the student to commence the course.

(a) a registered provider (other than a Table A provider within the meaning of the Higher Education Support Act 2003) is registered to provide a course at a location or locations; and

the course is included in a class of courses specified in an instrument in force under subsection 96B(1); and

30 days after that instrument commences, there are no students that are enrolled in and have commenced, but not completed or withdrawn from, the course.

a provider’s registration for a course is suspended under section 96D; and

all students that were enrolled in and had commenced the course before the suspension have since completed or withdrawn from the course.

apart from this section, the operation of Division 1AB of Part 6 would result in the acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); and

the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;

from whichever of the following applies:

the start of the day that the determination is made;

if the determination specifies a later day—the start of that later day; and

until whichever of the following applies:

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

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

applications for internal review made on or after the commencement of this Part; and

applications for internal review made before the commencement of this Part but not yet decided or taken to have been decided as at that commencement.

for a condition imposed under section 44J (about conditions on authorisation)—that condition as varied under that section; or

covered by subsection (2); or

that the Minister determines under subsection (3) is not an offshore provided Australian course of study.

(a) an Australian course of study with a higher education provider that involves a formal exchange agreement between the provider and another entity that is not in Australia (the offshore entity) that provides for the undertaking of study:

with the offshore entity at an offshore premises; and

for a period of no longer than 12 months; and

that contributes to the requirements of the course of study;

an Australian course of study with a higher education provider that involves the undertaking of research:

not in Australia; and

that contributes to the requirements of the course of study.

the kind of course;

the kind of provider accredited to provide the course;

any other circumstances applying in relation to the course.

in the approved form; and

accompanied by any information, documents and assistance that TEQSA requests; and

accompanied by the fee (if any) determined under section 158 for an assessment under this Part.

the applicant is a registered higher education provider; and

the applicant meets the Threshold Standards.

within 9 months of receiving it; or

if a longer period is determined by TEQSA under subsection (3)—within that period.

notify the applicant, in writing, of the determination; and

give, in writing, the reasons for the determination.

the decision; and

if TEQSA grants the application—the day on which the authorisation commences; and

if TEQSA rejects the application—the reasons for the decision.

the authorisation ends immediately if the provider ceases to be registered as a registered higher education provider;

Division 1 of Part 7 (about cancelling authorisation and other administrative sanctions).

comply with the conditions imposed by sections 44G and 44H on the provider’s authorisation as an authorised offshore provider; and

comply with any conditions imposed under subsection 44J(1) on the provider’s authorisation as an authorised offshore provider.

an offshore provided Australian course of study provided by the provider first begins to be provided wholly or partly by another entity;

an offshore provided Australian course of study provided by the provider first begins to be provided at a different premises;

the provider first begins to provide an offshore provided Australian course of study;

the provider ceases to provide an Australian offshore provided Australian course of study.

details of the event or change;

the day the event or change occurs or is likely to occur;

the name of the Australian course of study;

the address of the offshore premises;

if the course is provided by another entity—the name of that entity.

as soon as the provider is aware, or would reasonably be expected to have become aware, of the event or change; and

no later than 90 days before the day the event or change occurs or is likely to occur.

be in a manner (if any) specified in a legislative instrument made under subsection (3); and

contain the information (if any) required by a legislative instrument made under subsection (3).

in the approved form; and

accompanied by any information, documents and assistance that TEQSA requests; and

accompanied by the fee (if any) determined under section 158 for an application under this section.

the decision; and

the reasons for the decision; and

if the decision is to impose a condition—the period for which the condition is imposed.

the decision; and

if TEQSA grants the application—the day on which the withdrawal takes effect; and

if TEQSA rejects the application—the reasons for the decision.

breached a condition imposed on its authorisation as an authorised offshore provider; or

a written notice stating that TEQSA intends to make a decision to cancel the provider’s authorisation for specified reasons; and

a reasonable opportunity to make representations to TEQSA in relation to the proposed decision.

2 years after the cancellation takes effect; or

such shorter period as TEQSA considers appropriate.

the higher education provider offers or confers an Australian higher education award for the completion of an Australian course of study; and

the course of study is an offshore provided Australian course of study; and

the higher education provider is not an authorised offshore provider.

the higher education provider offers or confers an Australian higher education award for the completion of an Australian course of study; and

the course of study is an offshore provided Australian course of study; and

the higher education provider is not an authorised offshore provider.

a condition is imposed on the provider’s authorisation as an authorised offshore provider; and

the provider does an act or omits to do an act; and

the act or omission breaches the condition.

each entity that was an authorised offshore provider and whose authorisation has been cancelled other than because of a reason set out in the Register Guidelines.

as at the commencement time, a registered higher education provider:

is providing one or more offshore provided Australian courses of study; or

has entered into an arrangement to provide one or more offshore provided Australian courses of study; and

(b) the provider began to provide the course or courses, or entered into the arrangement to provide the course or courses, before the day the Education Legislation Amendment (Integrity and Other Measures) Bill 2025 was introduced into the Parliament; and

the provider gives TEQSA notice in writing of the provision of the course or courses, or the arrangement to provide the course or courses:

within 60 days of the commencement time; and

in accordance with any requirements specified by TEQSA by notice in writing.

if, before the start of 31 October 2026, the entity applies for authorisation under section 44B and as at that time, a decision is not made on the application—the time a decision on the application is made; or

otherwise—the start of 31 October 2026.

31 October 2026; and

each subsequent 31 October.

a *course of study that:

is undertaken by an *Indigenous person; and

is leading to a *higher education award that is a bachelor degree or bachelor honours degree; and

is not a *designated higher education course;

a *course of study that:

is undertaken by an *Indigenous person; and

is a *course of study in medicine; and

is not a course, or a course of a kind, specified in a determination under subclause (1AA).

a *course of study;

a kind of *course of study.

funding agreements entered into under Part 2-2 of that Act in respect of 2026 and later calendar years;

grants payable under that Part for 2026 and later calendar years.

for the purposes of the Early Education Service Delivery Prices Project; or

either of the following apply:

the information relates to a cost incurred during a period;

the information is financial information relating to a period; and

the Secretary reasonably believes that the information is required for the achievement of the purposes of the Early Education Service Delivery Prices Project; and

the Secretary reasonably believes that the approved provider is capable of giving the information; and

the Secretary reasonably believes that there is no other means of obtaining the information that is likely to be practicable in the circumstances; and

the Secretary reasonably believes it is not unduly burdensome on the provider to comply with the notice.

it specifies the information required; and

it specifies the relevant period that the information is to relate; and

it specifies the period by which and the manner in which the approved provider must comply with the notice.

paragraph 6.2(b) of Australian Privacy Principle 6; and

a provision of a law of a State or Territory that provides that information that is personal may be disclosed if the disclosure is authorised by law;

section 203AA;

section 203AA (power to require cost and financial information);

make a record of protected information; or

disclose such information to any person; or

otherwise use such information;

research, monitoring, evaluation or reporting of matters of relevance to a Department that is administering any part of the family assistance law;

statistical analysis of matters of relevance to a Department that is administering any part of the family assistance law;

policy development of matters of relevance to a Department that is administering any part of the family assistance law.

make a record of protected information; or

disclose such information to any person; or

otherwise use such information;

has already been lawfully made available to the public; and

is in relation to:

an approved provider; or

a provider who is no longer approved or whose approval is suspended; or

a child care service of a provider mentioned in subparagraph (i) or (ii) (whether or not the provider currently operates the service).

an approved provider; or

a provider who is no longer approved or whose approval is suspended; or

a child care service of a provider mentioned in paragraph (a) or (b) (whether or not the provider currently operates the service);

use protected information to produce information in an aggregated form that does not directly identify a particular approved provider or a particular child care service of a particular approved provider; or

disclose to any person protected information in an aggregated form that does not directly identify a particular approved provider or a particular child care service of a particular approved provider.

promoting transparency and accountability regarding the administration of CCS and ACCS by the provider;

promoting quality and safety of child care services of the provider;

encouraging compliance by the provider with the family assistance law.

the type of each child care service in respect of which the approved provider is approved;

the number of children enrolled for care for each child care service in respect of which the approved provider is approved;

the address and contact details, including telephone number and email address, of each child care service in respect of which the approved provider is approved;

an agency or authority of the Commonwealth;

a Department of State, or an agency or authority, of a State or Territory;

a body established under a law of the Commonwealth, a State or a Territory.

the information is that a child for whom the individual is eligible for CCS or ACCS is an Aboriginal or Torres Strait Islander child, and the information was notified to the Secretary in a manner approved by the Secretary;

takes effect on the day specified in the determination in accordance with subsection (4A) or (4B); and

the first Monday of a CCS fortnight; and

not more than 28 days before the day the claim was made.

(a) the Secretary has determined under subsection (1A) that the individual is not eligible for CCS by fee reduction in relation to a child because the individual did not meet the CCS reconciliation conditions for an income year (the relevant income year) by the second deadline for the relevant income year; and

the Secretary later determines under paragraph (1)(a) that the individual is eligible for CCS by fee reduction in relation to the child;

the first Monday of a CCS fortnight that is not more than 28 days before the day the claim in respect of which the later determination was made; and

the first Monday of the CCS fortnight beginning on or after the day the individual met the CCS reconciliation conditions for the relevant income year.

in the case where all of the following apply:

(i) the Secretary has made a previous determination under this section that the individual is entitled to be paid CCS for a session of care in a week in an income year (the relevant income year);

the first deadline for the relevant income year has passed;

a CCS fortnight has begun after the first deadline for the relevant income year has passed;

(i) the Secretary has made a previous determination under this section that the individual is entitled to be paid ACCS for a session of care in a week in an income year (the relevant income year);

the first deadline for the relevant income year has passed;

a CCS fortnight has begun after the first deadline for the relevant income year has passed;

(i) the Secretary has made a previous determination under this section that the individual is entitled to be paid ACCS for a session of care in a week in an income year (the relevant income year);

the first deadline for the relevant income year has passed;

a CCS fortnight has begun after the first deadline for the relevant income year has passed;

(i) the Secretary has made a previous determination under this section that the individual is entitled to be paid ACCS for a session of care in a week in an income year (the relevant income year);

the first deadline for the relevant income year has passed;

a CCS fortnight has begun after the first deadline for the relevant income year has passed;

before the commencement of this Part; and

(b) in accordance with the A New Tax System (Family Assistance) (Administration) Act 1999, as amended by this Part;

civil and criminal proceedings instituted on or after the commencement of this Part; and

civil and criminal proceedings instituted before commencement, being proceedings that are concluded:

before the commencement of this Part; or

on or after the commencement of this Part.

apart from this section, the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph); and

the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;