{"id":"F2001B00153","name":"Education Services for Overseas Students Regulations 2001","slug":"education-services-for-overseas-students-regulations-2001","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"96 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30945,"registerId":"commonwealth-F2001B00153-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"## Part 1—Introduction","sortOrder":0},{"sectionNumber":"1.01","sectionType":"section","heading":"Name of Regulations","content":"#### 1.01 Name of Regulations\n\n These Regulations are the Education Services for Overseas Students Regulations 2001.","sortOrder":1},{"sectionNumber":"1.02","sectionType":"section","heading":"Commencement","content":"#### 1.02 Commencement\n\n These Regulations commence on 4 June 2001.","sortOrder":2},{"sectionNumber":"1.03","sectionType":"section","heading":"Definitions","content":"#### 1.03 Definitions\n\n In these Regulations:\n\n> Act means the Education Services for Overseas Students Act 2000.\n\n> agreed starting day, for a course provided to a student, means the day on which the course is scheduled to start, or a later day agreed between the provider for the course and the student.\n\n> confirmation of enrolment means the information a registered provider must give under section 19 of the Act when a person becomes an accepted student of the provider.\n\n> non‑government school means a school in a State that is not conducted by or on behalf of the Government of a State, but does not include a school conducted for profit.\n\n> PRISMS (Provider Registration and International Student Management System) means the electronic system of that name used to process information given under section 19 of the Act.\n\n> public provider means:\n\n (a) a government school; or\n (b) a vocational education and training institution that is owned or controlled (whether directly or indirectly) by a State or Territory; or\n (c) a Table A provider within the meaning of the Higher Education Support Act 2003.\n\n> student visa means a visa of a subclass mentioned in the definition of student visa in regulation 1.03 of the Migration Regulations 1994, whenever granted, other than:\n\n (a) a visa granted to:\n (i) a Foreign Affairs student (within the meaning of the Migration Regulations 1994); or\n (ii) a Defence student (within the meaning of the Migration Regulations 1994); or\n (b) a visa granted to a person who satisfies the secondary criteria, but not the primary criteria, under the Migration Regulations 1994 for the grant of the visa; or\n (c) a visa granted to a person as a secondary exchange student within the meaning of the Migration Regulations 1994; or\n (d) a visa granted to a person as an overseas student who has been approved under a scholarship scheme, or an exchange scheme, sponsored by the Commonwealth to undertake a course of study or training in Australia.\n\n> university means an institution of higher education specified in Table A of the definition of institution in subsection 4(1) of the Higher Education Funding Act 1988.\n\n> Note: For the definitions of the following terms, see section 5 of the Act:\n\n (a) accepted student;\n (b) authorised officer;\n (c) course;\n (d) ESOS agency;\n (e) overseas student;\n (f) provide;\n (g) provider;\n (h) Register;\n (i) registered provider;\n (j) tuition fees.","sortOrder":3},{"sectionNumber":"2.01","sectionType":"section","heading":"Information to be entered on the Register","content":"#### 2.01 Information to be entered on the Register\n\n (1) For paragraph 14A(4)(i) of the Act, the following information must be entered on the Register for each provider registered to provide a course or courses at a location or locations:\n (a) the address of the provider’s place of business;\n (b) if the provider is not an individual—the address of the provider’s registered office;\n (c) the provider’s postal address (if different from the address mentioned in paragraph (a) or (b));\n (d) the provider’s telephone number and e‑mail address (if any);\n (e) the provider’s Australian Business Number or Australian Company Number;\n (f) the provider’s trading name or names;\n (g) the estimated annual number of full‑time equivalent domestic students enrolled with the provider, excluding students enrolled for online study only;\n (h) the maximum number of overseas students, approved by the ESOS agency for the provider, to whom the provider may provide the course or courses.\n (2) For paragraph 14A(4)(i) of the Act, the information that must be entered on the Register for each course that the provider mentioned in subregulation (1) is registered to provide is:\n (a) the level and field of study of the course; and\n (aa) the duration of the course, including any holiday breaks; and\n (b) the estimated total of the tuition fees payable by a student for the course; and\n (c) the estimated total of the non‑tuition fees payable by a student for the course; and\n (d) whether the provider only accepts payment in arrears; and\n (e) each location where the course will be provided, including:\n (i) the address of the location; and\n (ii) the period of approval for the course at the location; and\n (iii) the telephone number, email address (if any) and primary contact, for the location; and\n (iv) the maximum number of students on a student visa to whom the provider may provide the course in the location; and\n (f) whether the course is provided:\n (i) by the owner‑operator of the provider mentioned in subregulation (1); or\n (ii) under an arrangement with another registered provider; or\n (iii) under an arrangement with a non‑registered provider.\n\n> Note: Examples of levels of study of courses for paragraph (a):\n\n 1 Primary.\n 2 Secondary.\n 3 Diploma.\n 4 Bachelor degree.\n 5 Masters coursework.\n 6 PhD.\n 7 Non award.\n 8 Foundation studies.\n 9 English language intensive courses for overseas students.\n\n> Note: Examples of fields of study of courses for paragraph (a):\n\n 1 Business administration.\n 2 English language study.\n 3 Visual and performing arts.\n 4 Education.","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Obligations on registered providers","content":"## Part 1—Introduction\n\n#### 1.01 Name of Regulations\n\n These Regulations are the Education Services for Overseas Students Regulations 2001.\n\n#### 1.02 Commencement\n\n These Regulations commence on 4 June 2001.\n\n#### 1.03 Definitions\n\n In these Regulations:\n\n> Act means the Education Services for Overseas Students Act 2000.\n\n> agreed starting day, for a course provided to a student, means the day on which the course is scheduled to start, or a later day agreed between the provider for the course and the student.\n\n> confirmation of enrolment means the information a registered provider must give under section 19 of the Act when a person becomes an accepted student of the provider.\n\n> non‑government school means a school in a State that is not conducted by or on behalf of the Government of a State, but does not include a school conducted for profit.\n\n> PRISMS (Provider Registration and International Student Management System) means the electronic system of that name used to process information given under section 19 of the Act.\n\n> public provider means:\n\n (a) a government school; or\n (b) a vocational education and training institution that is owned or controlled (whether directly or indirectly) by a State or Territory; or\n (c) a Table A provider within the meaning of the Higher Education Support Act 2003.\n\n> student visa means a visa of a subclass mentioned in the definition of student visa in regulation 1.03 of the Migration Regulations 1994, whenever granted, other than:\n\n (a) a visa granted to:\n (i) a Foreign Affairs student (within the meaning of the Migration Regulations 1994); or\n (ii) a Defence student (within the meaning of the Migration Regulations 1994); or\n (b) a visa granted to a person who satisfies the secondary criteria, but not the primary criteria, under the Migration Regulations 1994 for the grant of the visa; or\n (c) a visa granted to a person as a secondary exchange student within the meaning of the Migration Regulations 1994; or\n (d) a visa granted to a person as an overseas student who has been approved under a scholarship scheme, or an exchange scheme, sponsored by the Commonwealth to undertake a course of study or training in Australia.\n\n> university means an institution of higher education specified in Table A of the definition of institution in subsection 4(1) of the Higher Education Funding Act 1988.\n\n> Note: For the definitions of the following terms, see section 5 of the Act:\n\n (a) accepted student;\n (b) authorised officer;\n (c) course;\n (d) ESOS agency;\n (e) overseas student;\n (f) provide;\n (g) provider;\n (h) Register;\n (i) registered provider;\n (j) tuition fees.\n\n#### 2.01 Information to be entered on the Register\n\n (1) For paragraph 14A(4)(i) of the Act, the following information must be entered on the Register for each provider registered to provide a course or courses at a location or locations:\n (a) the address of the provider’s place of business;\n (b) if the provider is not an individual—the address of the provider’s registered office;\n (c) the provider’s postal address (if different from the address mentioned in paragraph (a) or (b));\n (d) the provider’s telephone number and e‑mail address (if any);\n (e) the provider’s Australian Business Number or Australian Company Number;\n (f) the provider’s trading name or names;\n (g) the estimated annual number of full‑time equivalent domestic students enrolled with the provider, excluding students enrolled for online study only;\n (h) the maximum number of overseas students, approved by the ESOS agency for the provider, to whom the provider may provide the course or courses.\n (2) For paragraph 14A(4)(i) of the Act, the information that must be entered on the Register for each course that the provider mentioned in subregulation (1) is registered to provide is:\n (a) the level and field of study of the course; and\n (aa) the duration of the course, including any holiday breaks; and\n (b) the estimated total of the tuition fees payable by a student for the course; and\n (c) the estimated total of the non‑tuition fees payable by a student for the course; and\n (d) whether the provider only accepts payment in arrears; and\n (e) each location where the course will be provided, including:\n (i) the address of the location; and\n (ii) the period of approval for the course at the location; and\n (iii) the telephone number, email address (if any) and primary contact, for the location; and\n (iv) the maximum number of students on a student visa to whom the provider may provide the course in the location; and\n (f) whether the course is provided:\n (i) by the owner‑operator of the provider mentioned in subregulation (1); or\n (ii) under an arrangement with another registered provider; or\n (iii) under an arrangement with a non‑registered provider.\n\n> Note: Examples of levels of study of courses for paragraph (a):\n\n 1 Primary.\n 2 Secondary.\n 3 Diploma.\n 4 Bachelor degree.\n 5 Masters coursework.\n 6 PhD.\n 7 Non award.\n 8 Foundation studies.\n 9 English language intensive courses for overseas students.\n\n> Note: Examples of fields of study of courses for paragraph (a):\n\n 1 Business administration.\n 2 English language study.\n 3 Visual and performing arts.\n 4 Education.\n\n## Part 3—Obligations on registered providers\n\n### Division 3.1—Information and records\n\n#### 3.01 Prescribed details about accepted students\n\n For paragraph 19(1)(a) of the Act, the following details are prescribed for a person who becomes an accepted student of a provider:\n (a) the student’s full name;\n (b) the student’s gender;\n (c) the student’s date of birth;\n (d) the student’s country of birth;\n (e) the student’s nationality;\n (ea) if the student is under 18 years old:\n (i) the current residential address, mobile phone number (if any) and email address (if any) of a person other than the provider who has legal authority to act on the student’s behalf; and\n (ii) the relationship of the person to the student;\n\n> Note: Example: A parent or guardian.\n\n (f) the unique identifier of the student’s course and its location;\n (g) the agreed starting day of the course;\n (h) the day when the student is expected to complete the course;\n (i) the amount of tuition fees that the provider received for the student for the course before confirming the student’s enrolment using PRISMS;\n (ia) if the provider is not a public provider—the start and end dates of the period to which the amount mentioned in paragraph (i) relates;\n (ib) the amount of non‑tuition fees that the provider received for the student for the course before confirming the student’s enrolment using PRISMS;\n (j) the total amount of tuition fees that the student is required to pay to the provider to undertake the full course in accordance with the written agreement entered into with the student;\n (l) if the student has undertaken a test specified in a legislative instrument made for paragraph 476.213(a) or 485.212(a) of Schedule 2 to the Migration Regulations 1994 to determine the student’s level of comprehension of English, the name of the test and the score the student received for the test;\n (n) if the student was in Australia when he or she became an accepted student, the number of the student’s passport;\n (o) if the student holds an Australian visa, the number of the visa.\n\n#### 3.02 Prescribed information about accepted students who do not begin courses when expected\n\n (1) For paragraph 19(1)(c) of the Act, the following information is prescribed for an accepted student who does not begin his or her course when expected:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (2) However, the information need not be given about an accepted student if, before the student’s expected starting day:\n (a) the student asks the provider for a later starting day; and\n (b) the request is made on health or compassionate grounds; and\n (c) the provider agrees to a later starting day for the student.\n\n#### 3.03 Other prescribed matters relating to accepted students\n\n (1) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student who terminates his or her studies before the course is completed:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (2) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student who changes his or her course, or whose course changes in duration:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (2A) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student where the location at which the student’s course is provided changes:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (3) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student whose studies have been deferred or suspended:\n (a) the proposed duration of any deferment of studies;\n (b) the proposed duration of any suspension of studies.\n (4) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student whose studies have been suspended or deferred by the provider or at the request of the student:\n (a) any change to the proposed end date of the deferment of studies;\n (b) any change to the proposed end date of the suspension of studies.\n (5) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student of a provider that is not a public provider, for whom the provider receives tuition fees during a calendar month:\n (a) the amount of each payment made;\n (b) the date the payment was made;\n (c) the start and end dates of the period to which the payment relates.\n\n#### 3.03A Prescribed condition of student visa\n\n For subsections 19(2) and 20(1) of the Act, a prescribed condition of a student visa is visa condition 8202, set out in Schedule 8 to the Migration Regulations 1994.\n\n> Note: Subsection 19(2) of the Act requires a registered provider to give particulars of any breach by an accepted student of a prescribed condition of a student visa. Under subsection 19(3) of the Act, the information must be entered in the computer system established by the Secretary under section 109 of the Act.\n\n#### 3.04 Details of which a registered provider must keep records\n\n For subsection 21(2) of the Act, the records of each accepted student who is enrolled with a provider or who has paid any tuition fees for a course provided by the provider must include the following details:\n (a) the amount of money that the student has paid to the provider, including the separate identification of tuition fees and non‑tuition fees;\n (b) for an amount of tuition fees that the student has paid to the provider for a course:\n (i) whether the amount was paid for the full course or part of the course; and\n (ii) if the amount was paid for the full course, the duration of the course; and\n (iii) if the amount was paid for part of the course, the duration of that part of the course;\n (c) copies of written agreements to which the provider and student are parties;\n (d) any amounts that:\n (i) have become payable, directly or indirectly, to the provider by the student for the student to undertake a course; and\n (ii) have not been paid;\n (e) the amount that a student will be charged to access the student’s records.\n\n#### 3.05 Electronic records\n\n If records kept for the purpose of section 21 of the Act are kept electronically, they must be backed up.\n\n#### 3.06 Fees for accessing records\n\n The fee for a student to access a record mentioned in regulation 3.04 must not exceed the cost incurred by the provider in providing access to that record.\n\n## Part 6—Enforcement—infringement notices\n\n#### 6.01 Purpose of Part 6\n\n For section 106 of the Act, this Part provides a procedure under which a registered provider who is alleged to have committed an offence to which section 106 of the Act applies may, as an alternative to having the matter dealt with by a court, dispose of the matter by payment of a monetary penalty (an infringement notice penalty) specified in a notice (an infringement notice) served on the provider.\n\n#### 6.02 Infringement notices\n\n (1) If there are reasonable grounds for believing that a registered provider has committed an offence to which section 106 of the Act applies, the ESOS agency for the provider may serve an infringement notice, or cause an infringement notice to be served, on the provider in accordance with regulation 6.03.\n (2) The notice must set out the following information:\n (a) the name of the provider served and the address of the provider’s place of business;\n (b) the provision of the Act that it is alleged has been contravened;\n (c) details of the alleged offence, including the day, and (if appropriate) the time, on which it is alleged to have been committed;\n (d) the maximum penalty that may be imposed by a court for the offence;\n (e) the amount payable as the infringement notice penalty;\n (f) a statement that, if the provider prefers that the matter not be dealt with by a court, the provider may signify that preference by paying the infringement notice penalty:\n (i) before the end of 28 days after the day the notice is served; or\n (ii) if a further period is allowed by the ESOS agency under regulation 6.04—before the end of that further period; or\n (iii) if payment by instalments is permitted under regulation 6.05—in accordance with the permission;\n (g) how, and where, the infringement notice penalty may be paid;\n (h) a statement that if, before the end of 28 days after service of the notice, the provider notifies the ESOS agency, in the manner set out in the infringement notice, of any facts or matters that the provider believes ought to be taken into account in relation to the alleged offence:\n (i) time for payment of the penalty will be extended to the extent necessary to enable a decision to be made about those facts or matters; and\n (ii) the ESOS agency must consider the matters mentioned in subregulation 6.06(5);\n (i) a statement of the matters, mentioned in subregulation 6.06(5), that the ESOS agency must consider;\n (j) a statement that, if the infringement notice penalty is paid in time:\n (i) the provider’s liability for the offence is discharged; and\n (ii) further proceedings cannot be taken against the provider for the offence; and\n (iii) the provider is not taken to have been convicted of the offence;\n (k) a statement to the effect that, if none of the things mentioned in paragraph (f) or (h) is done within the time specified, the provider may be prosecuted for the alleged offence;\n (l) the name of the person who serves the notice.\n (3) An infringement notice may contain any other information that the ESOS agency considers necessary.\n (4) The notice must be served on the provider not more than 12 months after the alleged commission of the offence.\n\n> Note: The infringement notice penalty in respect of an offence is:\n\n (a) for an individual—4 penalty units; or\n (b) for a body corporate—20 penalty units.\n See Act, subsection 106(2).\n\n#### 6.03 Service of infringement notices\n\n (1) An infringement notice may be served on an individual:\n (a) personally; or\n (b) by sending it by pre‑paid post to the last‑known place of residence or business of the individual; or\n (c) by leaving the notice:\n (i) at the last‑known place of residence or business of the individual; and\n (ii) with a person, apparently over the age of 16 years, who appears to live or work at the place.\n (2) An infringement notice may be served on a body corporate:\n (a) by sending it by pre‑paid post to the last‑known place of business or the registered office of the body corporate; or\n (b) by leaving the notice:\n (i) at the last‑known place of business or the registered office of the body corporate; and\n (ii) with a person, apparently over the age of 16 years, who appears to live or work at the place.\n\n#### 6.04 Extension of time to pay\n\n (1) On written application by a provider on whom an infringement notice has been served, the ESOS agency for the provider may grant, if satisfied that in all the circumstances it is reasonable to do so, a further period for payment of the infringement notice penalty, whether or not the period of 28 days after the date of service of the notice has ended.\n (2) If application is made after the end of the 28 day period, the application must include an explanation why the alleged offender could not deal with the notice within that period.\n (3) The ESOS agency must:\n (a) grant or refuse a further period; and\n (b) give the applicant written notice of the decision; and\n (c) if the decision is a refusal—mention in the notice the reasons for refusal.\n (4) The provider must pay the penalty:\n (a) if a further period is granted—before the end of that period; or\n (b) if the decision is a refusal—before the end of the later of:\n (i) 7 days after receiving notice of the refusal; or\n (ii) the 28 day period.\n\n#### 6.05 Payment by instalments\n\n (1) If:\n (a) an infringement notice has been served on a provider; and\n (b) the ESOS agency for the provider is satisfied that in all the circumstances it is proper to do so;\n the ESOS agency may make an arrangement with the provider (whether or not the period of 28 days after the date of service of the notice has ended) for the payment of the amount of the infringement notice penalty by instalments.\n (2) The ESOS agency must:\n (a) grant or refuse to make an arrangement; and\n (b) give the provider written notice of the decision; and\n (c) if the decision is a refusal—mention in the notice the reasons for refusal.\n (3) The provider must pay the penalty:\n (a) if an arrangement is made—in accordance with the arrangement; or\n (b) if the decision is a refusal—before the end of the later of:\n (i) the 28 day period; and\n (ii) 7 days after receiving notice of the refusal.\n\n#### 6.06 If infringement notice disputed\n\n (1) If:\n (a) an infringement notice has been served on a provider; and\n (b) the ESOS agency for the provider is satisfied that in all the circumstances it is proper to do so;\n the ESOS agency may withdraw the notice (whether or not the ESOS agency has received a notice under paragraph 6.02(2)(h)).\n (2) If, before the end of 28 days after receiving an infringement notice, a provider gives the ESOS agency for the provider notice under paragraph 6.02(2)(h), the ESOS agency must decide whether to withdraw the infringement notice.\n (3) The ESOS agency must:\n (a) withdraw, or refuse to withdraw, the notice; and\n (b) give the provider written notice of the decision; and\n (c) if the decision is a refusal—mention in the notice the reasons for refusal.\n (4) If the ESOS agency decides to refuse to withdraw an infringement notice, notice of that decision must state that:\n (a) if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the provider, the provider will not be prosecuted for the alleged offence; and\n (b) if that amount is not paid in accordance with paragraph (a), the provider may be prosecuted for the alleged offence.\n (5) In making a decision, the ESOS agency must consider:\n (a) the facts or matters set out in the notice (if any) given under paragraph 6.02(2)(h); and\n (b) the circumstances in which the offence mentioned in the notice is alleged to have been committed; and\n (c) whether the provider has been convicted previously of an offence to which section 106 of the Act applies; and\n (d) whether an infringement notice has previously been given to the provider for an offence of the same kind as the offence mentioned in the notice; and\n (e) any other matter the ESOS agency considers relevant to the decision.\n\n> Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.\n\n#### 6.07 Payment of penalty if infringement notice not withdrawn\n\n If:\n (a) an infringement notice has been served on a provider; and\n (b) the ESOS agency for the provider refuses to withdraw the infringement notice;\n the provider must pay the infringement notice penalty before the end of 28 days after receiving notice of the refusal.\n\n#### 6.08 Effect of payment of infringement notice penalty\n\n (1) If a provider, who is served with an infringement notice, pays the infringement notice penalty in accordance with this Part:\n (a) the provider’s liability in respect of the offence is discharged; and\n (b) further proceedings cannot be taken against the provider for the offence; and\n (c) the provider is not convicted of the offence.\n (2) Subregulation (1) applies to a provider who makes an arrangement to pay the infringement notice penalty by instalments, only if the provider makes payments in accordance with the arrangement.\n\n#### 6.09 Admissions under paragraph 6.02(2)(h)\n\n Evidence of an admission made by a provider in a notice under paragraph 6.02(2)(h) is inadmissible in proceedings against the provider for the alleged offence.\n\n#### 6.10 Matter not to be taken into account in determining sentence\n\n (1) This regulation applies if a provider served with an infringement notice:\n (a) elects not to pay the infringement notice penalty; and\n (b) is prosecuted for, and convicted of, the alleged offence mentioned in the infringement notice.\n (2) In determining the penalty to be imposed, the court must not take into account the fact that the provider chose not to pay the infringement notice penalty.\n\n#### 6.11 Evidence for hearing\n\n (1) At the hearing of a prosecution for an offence mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:\n (a) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that:\n (i) the infringement notice was served on the alleged offender; and\n (ii) the infringement notice penalty has not been paid in accordance with this Part;\n (b) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that the notice was withdrawn on a day specified in the certificate;\n (c) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that:\n (i) a further period was refused, under regulation 6.04, for payment of the infringement notice penalty; and\n (ii) the infringement notice penalty has not been paid in accordance with this Part;\n (d) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that:\n (i) for regulation 6.04, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and\n (ii) the infringement notice penalty was not paid in accordance with the notice or within the further time.\n (2) A certificate that purports to have been signed by an authorised officer of the ESOS agency for the alleged offender is taken to have been signed by that authorised officer unless the contrary is proved.\n\n#### 6.12 Payment of penalty by cheque\n\n If a cheque is given to the Commonwealth in payment of all or part of the amount of an infringement notice penalty, the payment is taken not to have been made unless the cheque is honoured on presentation.\n\n#### 6.13 Infringement notice not compulsory, etc\n\n Nothing in this Part is to be taken:\n (a) to require that a provider suspected of having committed an offence to which section 106 of the Act applies be served an infringement notice; or\n (b) to affect the liability of a provider to be prosecuted for an alleged offence, if:\n (i) an infringement notice is not served on the provider for the offence; or\n (ii) an infringement notice is served, and withdrawn; or\n (c) to limit the penalty that may be imposed by a court on a provider convicted of an offence.\n\n> Note: Part 7 has been reserved for future use.","sortOrder":5},{"sectionNumber":"Division 3.1","sectionType":"division","heading":"Information and records","content":"## Part 1—Introduction\n\n#### 1.01 Name of Regulations\n\n These Regulations are the Education Services for Overseas Students Regulations 2001.\n\n#### 1.02 Commencement\n\n These Regulations commence on 4 June 2001.\n\n#### 1.03 Definitions\n\n In these Regulations:\n\n> Act means the Education Services for Overseas Students Act 2000.\n\n> agreed starting day, for a course provided to a student, means the day on which the course is scheduled to start, or a later day agreed between the provider for the course and the student.\n\n> confirmation of enrolment means the information a registered provider must give under section 19 of the Act when a person becomes an accepted student of the provider.\n\n> non‑government school means a school in a State that is not conducted by or on behalf of the Government of a State, but does not include a school conducted for profit.\n\n> PRISMS (Provider Registration and International Student Management System) means the electronic system of that name used to process information given under section 19 of the Act.\n\n> public provider means:\n\n (a) a government school; or\n (b) a vocational education and training institution that is owned or controlled (whether directly or indirectly) by a State or Territory; or\n (c) a Table A provider within the meaning of the Higher Education Support Act 2003.\n\n> student visa means a visa of a subclass mentioned in the definition of student visa in regulation 1.03 of the Migration Regulations 1994, whenever granted, other than:\n\n (a) a visa granted to:\n (i) a Foreign Affairs student (within the meaning of the Migration Regulations 1994); or\n (ii) a Defence student (within the meaning of the Migration Regulations 1994); or\n (b) a visa granted to a person who satisfies the secondary criteria, but not the primary criteria, under the Migration Regulations 1994 for the grant of the visa; or\n (c) a visa granted to a person as a secondary exchange student within the meaning of the Migration Regulations 1994; or\n (d) a visa granted to a person as an overseas student who has been approved under a scholarship scheme, or an exchange scheme, sponsored by the Commonwealth to undertake a course of study or training in Australia.\n\n> university means an institution of higher education specified in Table A of the definition of institution in subsection 4(1) of the Higher Education Funding Act 1988.\n\n> Note: For the definitions of the following terms, see section 5 of the Act:\n\n (a) accepted student;\n (b) authorised officer;\n (c) course;\n (d) ESOS agency;\n (e) overseas student;\n (f) provide;\n (g) provider;\n (h) Register;\n (i) registered provider;\n (j) tuition fees.\n\n#### 2.01 Information to be entered on the Register\n\n (1) For paragraph 14A(4)(i) of the Act, the following information must be entered on the Register for each provider registered to provide a course or courses at a location or locations:\n (a) the address of the provider’s place of business;\n (b) if the provider is not an individual—the address of the provider’s registered office;\n (c) the provider’s postal address (if different from the address mentioned in paragraph (a) or (b));\n (d) the provider’s telephone number and e‑mail address (if any);\n (e) the provider’s Australian Business Number or Australian Company Number;\n (f) the provider’s trading name or names;\n (g) the estimated annual number of full‑time equivalent domestic students enrolled with the provider, excluding students enrolled for online study only;\n (h) the maximum number of overseas students, approved by the ESOS agency for the provider, to whom the provider may provide the course or courses.\n (2) For paragraph 14A(4)(i) of the Act, the information that must be entered on the Register for each course that the provider mentioned in subregulation (1) is registered to provide is:\n (a) the level and field of study of the course; and\n (aa) the duration of the course, including any holiday breaks; and\n (b) the estimated total of the tuition fees payable by a student for the course; and\n (c) the estimated total of the non‑tuition fees payable by a student for the course; and\n (d) whether the provider only accepts payment in arrears; and\n (e) each location where the course will be provided, including:\n (i) the address of the location; and\n (ii) the period of approval for the course at the location; and\n (iii) the telephone number, email address (if any) and primary contact, for the location; and\n (iv) the maximum number of students on a student visa to whom the provider may provide the course in the location; and\n (f) whether the course is provided:\n (i) by the owner‑operator of the provider mentioned in subregulation (1); or\n (ii) under an arrangement with another registered provider; or\n (iii) under an arrangement with a non‑registered provider.\n\n> Note: Examples of levels of study of courses for paragraph (a):\n\n 1 Primary.\n 2 Secondary.\n 3 Diploma.\n 4 Bachelor degree.\n 5 Masters coursework.\n 6 PhD.\n 7 Non award.\n 8 Foundation studies.\n 9 English language intensive courses for overseas students.\n\n> Note: Examples of fields of study of courses for paragraph (a):\n\n 1 Business administration.\n 2 English language study.\n 3 Visual and performing arts.\n 4 Education.\n\n## Part 3—Obligations on registered providers\n\n### Division 3.1—Information and records\n\n#### 3.01 Prescribed details about accepted students\n\n For paragraph 19(1)(a) of the Act, the following details are prescribed for a person who becomes an accepted student of a provider:\n (a) the student’s full name;\n (b) the student’s gender;\n (c) the student’s date of birth;\n (d) the student’s country of birth;\n (e) the student’s nationality;\n (ea) if the student is under 18 years old:\n (i) the current residential address, mobile phone number (if any) and email address (if any) of a person other than the provider who has legal authority to act on the student’s behalf; and\n (ii) the relationship of the person to the student;\n\n> Note: Example: A parent or guardian.\n\n (f) the unique identifier of the student’s course and its location;\n (g) the agreed starting day of the course;\n (h) the day when the student is expected to complete the course;\n (i) the amount of tuition fees that the provider received for the student for the course before confirming the student’s enrolment using PRISMS;\n (ia) if the provider is not a public provider—the start and end dates of the period to which the amount mentioned in paragraph (i) relates;\n (ib) the amount of non‑tuition fees that the provider received for the student for the course before confirming the student’s enrolment using PRISMS;\n (j) the total amount of tuition fees that the student is required to pay to the provider to undertake the full course in accordance with the written agreement entered into with the student;\n (l) if the student has undertaken a test specified in a legislative instrument made for paragraph 476.213(a) or 485.212(a) of Schedule 2 to the Migration Regulations 1994 to determine the student’s level of comprehension of English, the name of the test and the score the student received for the test;\n (n) if the student was in Australia when he or she became an accepted student, the number of the student’s passport;\n (o) if the student holds an Australian visa, the number of the visa.\n\n#### 3.02 Prescribed information about accepted students who do not begin courses when expected\n\n (1) For paragraph 19(1)(c) of the Act, the following information is prescribed for an accepted student who does not begin his or her course when expected:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (2) However, the information need not be given about an accepted student if, before the student’s expected starting day:\n (a) the student asks the provider for a later starting day; and\n (b) the request is made on health or compassionate grounds; and\n (c) the provider agrees to a later starting day for the student.\n\n#### 3.03 Other prescribed matters relating to accepted students\n\n (1) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student who terminates his or her studies before the course is completed:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (2) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student who changes his or her course, or whose course changes in duration:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (2A) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student where the location at which the student’s course is provided changes:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (3) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student whose studies have been deferred or suspended:\n (a) the proposed duration of any deferment of studies;\n (b) the proposed duration of any suspension of studies.\n (4) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student whose studies have been suspended or deferred by the provider or at the request of the student:\n (a) any change to the proposed end date of the deferment of studies;\n (b) any change to the proposed end date of the suspension of studies.\n (5) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student of a provider that is not a public provider, for whom the provider receives tuition fees during a calendar month:\n (a) the amount of each payment made;\n (b) the date the payment was made;\n (c) the start and end dates of the period to which the payment relates.\n\n#### 3.03A Prescribed condition of student visa\n\n For subsections 19(2) and 20(1) of the Act, a prescribed condition of a student visa is visa condition 8202, set out in Schedule 8 to the Migration Regulations 1994.\n\n> Note: Subsection 19(2) of the Act requires a registered provider to give particulars of any breach by an accepted student of a prescribed condition of a student visa. Under subsection 19(3) of the Act, the information must be entered in the computer system established by the Secretary under section 109 of the Act.\n\n#### 3.04 Details of which a registered provider must keep records\n\n For subsection 21(2) of the Act, the records of each accepted student who is enrolled with a provider or who has paid any tuition fees for a course provided by the provider must include the following details:\n (a) the amount of money that the student has paid to the provider, including the separate identification of tuition fees and non‑tuition fees;\n (b) for an amount of tuition fees that the student has paid to the provider for a course:\n (i) whether the amount was paid for the full course or part of the course; and\n (ii) if the amount was paid for the full course, the duration of the course; and\n (iii) if the amount was paid for part of the course, the duration of that part of the course;\n (c) copies of written agreements to which the provider and student are parties;\n (d) any amounts that:\n (i) have become payable, directly or indirectly, to the provider by the student for the student to undertake a course; and\n (ii) have not been paid;\n (e) the amount that a student will be charged to access the student’s records.\n\n#### 3.05 Electronic records\n\n If records kept for the purpose of section 21 of the Act are kept electronically, they must be backed up.\n\n#### 3.06 Fees for accessing records\n\n The fee for a student to access a record mentioned in regulation 3.04 must not exceed the cost incurred by the provider in providing access to that record.\n\n## Part 6—Enforcement—infringement notices\n\n#### 6.01 Purpose of Part 6\n\n For section 106 of the Act, this Part provides a procedure under which a registered provider who is alleged to have committed an offence to which section 106 of the Act applies may, as an alternative to having the matter dealt with by a court, dispose of the matter by payment of a monetary penalty (an infringement notice penalty) specified in a notice (an infringement notice) served on the provider.\n\n#### 6.02 Infringement notices\n\n (1) If there are reasonable grounds for believing that a registered provider has committed an offence to which section 106 of the Act applies, the ESOS agency for the provider may serve an infringement notice, or cause an infringement notice to be served, on the provider in accordance with regulation 6.03.\n (2) The notice must set out the following information:\n (a) the name of the provider served and the address of the provider’s place of business;\n (b) the provision of the Act that it is alleged has been contravened;\n (c) details of the alleged offence, including the day, and (if appropriate) the time, on which it is alleged to have been committed;\n (d) the maximum penalty that may be imposed by a court for the offence;\n (e) the amount payable as the infringement notice penalty;\n (f) a statement that, if the provider prefers that the matter not be dealt with by a court, the provider may signify that preference by paying the infringement notice penalty:\n (i) before the end of 28 days after the day the notice is served; or\n (ii) if a further period is allowed by the ESOS agency under regulation 6.04—before the end of that further period; or\n (iii) if payment by instalments is permitted under regulation 6.05—in accordance with the permission;\n (g) how, and where, the infringement notice penalty may be paid;\n (h) a statement that if, before the end of 28 days after service of the notice, the provider notifies the ESOS agency, in the manner set out in the infringement notice, of any facts or matters that the provider believes ought to be taken into account in relation to the alleged offence:\n (i) time for payment of the penalty will be extended to the extent necessary to enable a decision to be made about those facts or matters; and\n (ii) the ESOS agency must consider the matters mentioned in subregulation 6.06(5);\n (i) a statement of the matters, mentioned in subregulation 6.06(5), that the ESOS agency must consider;\n (j) a statement that, if the infringement notice penalty is paid in time:\n (i) the provider’s liability for the offence is discharged; and\n (ii) further proceedings cannot be taken against the provider for the offence; and\n (iii) the provider is not taken to have been convicted of the offence;\n (k) a statement to the effect that, if none of the things mentioned in paragraph (f) or (h) is done within the time specified, the provider may be prosecuted for the alleged offence;\n (l) the name of the person who serves the notice.\n (3) An infringement notice may contain any other information that the ESOS agency considers necessary.\n (4) The notice must be served on the provider not more than 12 months after the alleged commission of the offence.\n\n> Note: The infringement notice penalty in respect of an offence is:\n\n (a) for an individual—4 penalty units; or\n (b) for a body corporate—20 penalty units.\n See Act, subsection 106(2).\n\n#### 6.03 Service of infringement notices\n\n (1) An infringement notice may be served on an individual:\n (a) personally; or\n (b) by sending it by pre‑paid post to the last‑known place of residence or business of the individual; or\n (c) by leaving the notice:\n (i) at the last‑known place of residence or business of the individual; and\n (ii) with a person, apparently over the age of 16 years, who appears to live or work at the place.\n (2) An infringement notice may be served on a body corporate:\n (a) by sending it by pre‑paid post to the last‑known place of business or the registered office of the body corporate; or\n (b) by leaving the notice:\n (i) at the last‑known place of business or the registered office of the body corporate; and\n (ii) with a person, apparently over the age of 16 years, who appears to live or work at the place.\n\n#### 6.04 Extension of time to pay\n\n (1) On written application by a provider on whom an infringement notice has been served, the ESOS agency for the provider may grant, if satisfied that in all the circumstances it is reasonable to do so, a further period for payment of the infringement notice penalty, whether or not the period of 28 days after the date of service of the notice has ended.\n (2) If application is made after the end of the 28 day period, the application must include an explanation why the alleged offender could not deal with the notice within that period.\n (3) The ESOS agency must:\n (a) grant or refuse a further period; and\n (b) give the applicant written notice of the decision; and\n (c) if the decision is a refusal—mention in the notice the reasons for refusal.\n (4) The provider must pay the penalty:\n (a) if a further period is granted—before the end of that period; or\n (b) if the decision is a refusal—before the end of the later of:\n (i) 7 days after receiving notice of the refusal; or\n (ii) the 28 day period.\n\n#### 6.05 Payment by instalments\n\n (1) If:\n (a) an infringement notice has been served on a provider; and\n (b) the ESOS agency for the provider is satisfied that in all the circumstances it is proper to do so;\n the ESOS agency may make an arrangement with the provider (whether or not the period of 28 days after the date of service of the notice has ended) for the payment of the amount of the infringement notice penalty by instalments.\n (2) The ESOS agency must:\n (a) grant or refuse to make an arrangement; and\n (b) give the provider written notice of the decision; and\n (c) if the decision is a refusal—mention in the notice the reasons for refusal.\n (3) The provider must pay the penalty:\n (a) if an arrangement is made—in accordance with the arrangement; or\n (b) if the decision is a refusal—before the end of the later of:\n (i) the 28 day period; and\n (ii) 7 days after receiving notice of the refusal.\n\n#### 6.06 If infringement notice disputed\n\n (1) If:\n (a) an infringement notice has been served on a provider; and\n (b) the ESOS agency for the provider is satisfied that in all the circumstances it is proper to do so;\n the ESOS agency may withdraw the notice (whether or not the ESOS agency has received a notice under paragraph 6.02(2)(h)).\n (2) If, before the end of 28 days after receiving an infringement notice, a provider gives the ESOS agency for the provider notice under paragraph 6.02(2)(h), the ESOS agency must decide whether to withdraw the infringement notice.\n (3) The ESOS agency must:\n (a) withdraw, or refuse to withdraw, the notice; and\n (b) give the provider written notice of the decision; and\n (c) if the decision is a refusal—mention in the notice the reasons for refusal.\n (4) If the ESOS agency decides to refuse to withdraw an infringement notice, notice of that decision must state that:\n (a) if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the provider, the provider will not be prosecuted for the alleged offence; and\n (b) if that amount is not paid in accordance with paragraph (a), the provider may be prosecuted for the alleged offence.\n (5) In making a decision, the ESOS agency must consider:\n (a) the facts or matters set out in the notice (if any) given under paragraph 6.02(2)(h); and\n (b) the circumstances in which the offence mentioned in the notice is alleged to have been committed; and\n (c) whether the provider has been convicted previously of an offence to which section 106 of the Act applies; and\n (d) whether an infringement notice has previously been given to the provider for an offence of the same kind as the offence mentioned in the notice; and\n (e) any other matter the ESOS agency considers relevant to the decision.\n\n> Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.\n\n#### 6.07 Payment of penalty if infringement notice not withdrawn\n\n If:\n (a) an infringement notice has been served on a provider; and\n (b) the ESOS agency for the provider refuses to withdraw the infringement notice;\n the provider must pay the infringement notice penalty before the end of 28 days after receiving notice of the refusal.\n\n#### 6.08 Effect of payment of infringement notice penalty\n\n (1) If a provider, who is served with an infringement notice, pays the infringement notice penalty in accordance with this Part:\n (a) the provider’s liability in respect of the offence is discharged; and\n (b) further proceedings cannot be taken against the provider for the offence; and\n (c) the provider is not convicted of the offence.\n (2) Subregulation (1) applies to a provider who makes an arrangement to pay the infringement notice penalty by instalments, only if the provider makes payments in accordance with the arrangement.\n\n#### 6.09 Admissions under paragraph 6.02(2)(h)\n\n Evidence of an admission made by a provider in a notice under paragraph 6.02(2)(h) is inadmissible in proceedings against the provider for the alleged offence.\n\n#### 6.10 Matter not to be taken into account in determining sentence\n\n (1) This regulation applies if a provider served with an infringement notice:\n (a) elects not to pay the infringement notice penalty; and\n (b) is prosecuted for, and convicted of, the alleged offence mentioned in the infringement notice.\n (2) In determining the penalty to be imposed, the court must not take into account the fact that the provider chose not to pay the infringement notice penalty.\n\n#### 6.11 Evidence for hearing\n\n (1) At the hearing of a prosecution for an offence mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:\n (a) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that:\n (i) the infringement notice was served on the alleged offender; and\n (ii) the infringement notice penalty has not been paid in accordance with this Part;\n (b) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that the notice was withdrawn on a day specified in the certificate;\n (c) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that:\n (i) a further period was refused, under regulation 6.04, for payment of the infringement notice penalty; and\n (ii) the infringement notice penalty has not been paid in accordance with this Part;\n (d) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that:\n (i) for regulation 6.04, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and\n (ii) the infringement notice penalty was not paid in accordance with the notice or within the further time.\n (2) A certificate that purports to have been signed by an authorised officer of the ESOS agency for the alleged offender is taken to have been signed by that authorised officer unless the contrary is proved.\n\n#### 6.12 Payment of penalty by cheque\n\n If a cheque is given to the Commonwealth in payment of all or part of the amount of an infringement notice penalty, the payment is taken not to have been made unless the cheque is honoured on presentation.\n\n#### 6.13 Infringement notice not compulsory, etc\n\n Nothing in this Part is to be taken:\n (a) to require that a provider suspected of having committed an offence to which section 106 of the Act applies be served an infringement notice; or\n (b) to affect the liability of a provider to be prosecuted for an alleged offence, if:\n (i) an infringement notice is not served on the provider for the offence; or\n (ii) an infringement notice is served, and withdrawn; or\n (c) to limit the penalty that may be imposed by a court on a provider convicted of an offence.\n\n> Note: Part 7 has been reserved for future use.","sortOrder":6},{"sectionNumber":"3.01","sectionType":"section","heading":"Prescribed details about accepted students","content":"#### 3.01 Prescribed details about accepted students\n\n For paragraph 19(1)(a) of the Act, the following details are prescribed for a person who becomes an accepted student of a provider:\n (a) the student’s full name;\n (b) the student’s gender;\n (c) the student’s date of birth;\n (d) the student’s country of birth;\n (e) the student’s nationality;\n (ea) if the student is under 18 years old:\n (i) the current residential address, mobile phone number (if any) and email address (if any) of a person other than the provider who has legal authority to act on the student’s behalf; and\n (ii) the relationship of the person to the student;\n\n> Note: Example: A parent or guardian.\n\n (f) the unique identifier of the student’s course and its location;\n (g) the agreed starting day of the course;\n (h) the day when the student is expected to complete the course;\n (i) the amount of tuition fees that the provider received for the student for the course before confirming the student’s enrolment using PRISMS;\n (ia) if the provider is not a public provider—the start and end dates of the period to which the amount mentioned in paragraph (i) relates;\n (ib) the amount of non‑tuition fees that the provider received for the student for the course before confirming the student’s enrolment using PRISMS;\n (j) the total amount of tuition fees that the student is required to pay to the provider to undertake the full course in accordance with the written agreement entered into with the student;\n (l) if the student has undertaken a test specified in a legislative instrument made for paragraph 476.213(a) or 485.212(a) of Schedule 2 to the Migration Regulations 1994 to determine the student’s level of comprehension of English, the name of the test and the score the student received for the test;\n (n) if the student was in Australia when he or she became an accepted student, the number of the student’s passport;\n (o) if the student holds an Australian visa, the number of the visa.","sortOrder":7},{"sectionNumber":"3.02","sectionType":"section","heading":"Prescribed information about accepted students who do not begin courses when expected","content":"#### 3.02 Prescribed information about accepted students who do not begin courses when expected\n\n (1) For paragraph 19(1)(c) of the Act, the following information is prescribed for an accepted student who does not begin his or her course when expected:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (2) However, the information need not be given about an accepted student if, before the student’s expected starting day:\n (a) the student asks the provider for a later starting day; and\n (b) the request is made on health or compassionate grounds; and\n (c) the provider agrees to a later starting day for the student.","sortOrder":8},{"sectionNumber":"3.03","sectionType":"section","heading":"Other prescribed matters relating to accepted students","content":"#### 3.03 Other prescribed matters relating to accepted students\n\n (1) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student who terminates his or her studies before the course is completed:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (2) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student who changes his or her course, or whose course changes in duration:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (2A) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student where the location at which the student’s course is provided changes:\n (a) the information mentioned in paragraphs 3.01(a) to (h) for the student (if the provider has not already given that information using PRISMS);\n (b) the student’s current residential address, mobile phone number (if any) and email address (if any) (if the student has given that information to the provider).\n (3) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student whose studies have been deferred or suspended:\n (a) the proposed duration of any deferment of studies;\n (b) the proposed duration of any suspension of studies.\n (4) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student whose studies have been suspended or deferred by the provider or at the request of the student:\n (a) any change to the proposed end date of the deferment of studies;\n (b) any change to the proposed end date of the suspension of studies.\n (5) For paragraph 19(1)(f) of the Act, the following are prescribed matters relating to an accepted student of a provider that is not a public provider, for whom the provider receives tuition fees during a calendar month:\n (a) the amount of each payment made;\n (b) the date the payment was made;\n (c) the start and end dates of the period to which the payment relates.","sortOrder":9},{"sectionNumber":"3.03A Prescribed condition of student vi","sectionType":"section","heading":"3.03A Prescribed condition of student visa","content":"#### 3.03A Prescribed condition of student visa\n\n For subsections 19(2) and 20(1) of the Act, a prescribed condition of a student visa is visa condition 8202, set out in Schedule 8 to the Migration Regulations 1994.\n\n> Note: Subsection 19(2) of the Act requires a registered provider to give particulars of any breach by an accepted student of a prescribed condition of a student visa. Under subsection 19(3) of the Act, the information must be entered in the computer system established by the Secretary under section 109 of the Act.","sortOrder":10},{"sectionNumber":"3.04","sectionType":"section","heading":"Details of which a registered provider must keep records","content":"#### 3.04 Details of which a registered provider must keep records\n\n For subsection 21(2) of the Act, the records of each accepted student who is enrolled with a provider or who has paid any tuition fees for a course provided by the provider must include the following details:\n (a) the amount of money that the student has paid to the provider, including the separate identification of tuition fees and non‑tuition fees;\n (b) for an amount of tuition fees that the student has paid to the provider for a course:\n (i) whether the amount was paid for the full course or part of the course; and\n (ii) if the amount was paid for the full course, the duration of the course; and\n (iii) if the amount was paid for part of the course, the duration of that part of the course;\n (c) copies of written agreements to which the provider and student are parties;\n (d) any amounts that:\n (i) have become payable, directly or indirectly, to the provider by the student for the student to undertake a course; and\n (ii) have not been paid;\n (e) the amount that a student will be charged to access the student’s records.","sortOrder":11},{"sectionNumber":"3.05","sectionType":"section","heading":"Electronic records","content":"#### 3.05 Electronic records\n\n If records kept for the purpose of section 21 of the Act are kept electronically, they must be backed up.","sortOrder":12},{"sectionNumber":"3.06","sectionType":"section","heading":"Fees for accessing records","content":"#### 3.06 Fees for accessing records\n\n The fee for a student to access a record mentioned in regulation 3.04 must not exceed the cost incurred by the provider in providing access to that record.","sortOrder":13},{"sectionNumber":"Part 6","sectionType":"part","heading":"Enforcement—infringement notices","content":"## Part 6—Enforcement—infringement notices","sortOrder":14},{"sectionNumber":"6.01","sectionType":"section","heading":"Purpose of Part 6","content":"#### 6.01 Purpose of Part 6\n\n For section 106 of the Act, this Part provides a procedure under which a registered provider who is alleged to have committed an offence to which section 106 of the Act applies may, as an alternative to having the matter dealt with by a court, dispose of the matter by payment of a monetary penalty (an infringement notice penalty) specified in a notice (an infringement notice) served on the provider.","sortOrder":15},{"sectionNumber":"6.02","sectionType":"section","heading":"Infringement notices","content":"#### 6.02 Infringement notices\n\n (1) If there are reasonable grounds for believing that a registered provider has committed an offence to which section 106 of the Act applies, the ESOS agency for the provider may serve an infringement notice, or cause an infringement notice to be served, on the provider in accordance with regulation 6.03.\n (2) The notice must set out the following information:\n (a) the name of the provider served and the address of the provider’s place of business;\n (b) the provision of the Act that it is alleged has been contravened;\n (c) details of the alleged offence, including the day, and (if appropriate) the time, on which it is alleged to have been committed;\n (d) the maximum penalty that may be imposed by a court for the offence;\n (e) the amount payable as the infringement notice penalty;\n (f) a statement that, if the provider prefers that the matter not be dealt with by a court, the provider may signify that preference by paying the infringement notice penalty:\n (i) before the end of 28 days after the day the notice is served; or\n (ii) if a further period is allowed by the ESOS agency under regulation 6.04—before the end of that further period; or\n (iii) if payment by instalments is permitted under regulation 6.05—in accordance with the permission;\n (g) how, and where, the infringement notice penalty may be paid;\n (h) a statement that if, before the end of 28 days after service of the notice, the provider notifies the ESOS agency, in the manner set out in the infringement notice, of any facts or matters that the provider believes ought to be taken into account in relation to the alleged offence:\n (i) time for payment of the penalty will be extended to the extent necessary to enable a decision to be made about those facts or matters; and\n (ii) the ESOS agency must consider the matters mentioned in subregulation 6.06(5);\n (i) a statement of the matters, mentioned in subregulation 6.06(5), that the ESOS agency must consider;\n (j) a statement that, if the infringement notice penalty is paid in time:\n (i) the provider’s liability for the offence is discharged; and\n (ii) further proceedings cannot be taken against the provider for the offence; and\n (iii) the provider is not taken to have been convicted of the offence;\n (k) a statement to the effect that, if none of the things mentioned in paragraph (f) or (h) is done within the time specified, the provider may be prosecuted for the alleged offence;\n (l) the name of the person who serves the notice.\n (3) An infringement notice may contain any other information that the ESOS agency considers necessary.\n (4) The notice must be served on the provider not more than 12 months after the alleged commission of the offence.\n\n> Note: The infringement notice penalty in respect of an offence is:\n\n (a) for an individual—4 penalty units; or\n (b) for a body corporate—20 penalty units.\n See Act, subsection 106(2).","sortOrder":16},{"sectionNumber":"6.03","sectionType":"section","heading":"Service of infringement notices","content":"#### 6.03 Service of infringement notices\n\n (1) An infringement notice may be served on an individual:\n (a) personally; or\n (b) by sending it by pre‑paid post to the last‑known place of residence or business of the individual; or\n (c) by leaving the notice:\n (i) at the last‑known place of residence or business of the individual; and\n (ii) with a person, apparently over the age of 16 years, who appears to live or work at the place.\n (2) An infringement notice may be served on a body corporate:\n (a) by sending it by pre‑paid post to the last‑known place of business or the registered office of the body corporate; or\n (b) by leaving the notice:\n (i) at the last‑known place of business or the registered office of the body corporate; and\n (ii) with a person, apparently over the age of 16 years, who appears to live or work at the place.","sortOrder":17},{"sectionNumber":"6.04","sectionType":"section","heading":"Extension of time to pay","content":"#### 6.04 Extension of time to pay\n\n (1) On written application by a provider on whom an infringement notice has been served, the ESOS agency for the provider may grant, if satisfied that in all the circumstances it is reasonable to do so, a further period for payment of the infringement notice penalty, whether or not the period of 28 days after the date of service of the notice has ended.\n (2) If application is made after the end of the 28 day period, the application must include an explanation why the alleged offender could not deal with the notice within that period.\n (3) The ESOS agency must:\n (a) grant or refuse a further period; and\n (b) give the applicant written notice of the decision; and\n (c) if the decision is a refusal—mention in the notice the reasons for refusal.\n (4) The provider must pay the penalty:\n (a) if a further period is granted—before the end of that period; or\n (b) if the decision is a refusal—before the end of the later of:\n (i) 7 days after receiving notice of the refusal; or\n (ii) the 28 day period.","sortOrder":18},{"sectionNumber":"6.05","sectionType":"section","heading":"Payment by instalments","content":"#### 6.05 Payment by instalments\n\n (1) If:\n (a) an infringement notice has been served on a provider; and\n (b) the ESOS agency for the provider is satisfied that in all the circumstances it is proper to do so;\n the ESOS agency may make an arrangement with the provider (whether or not the period of 28 days after the date of service of the notice has ended) for the payment of the amount of the infringement notice penalty by instalments.\n (2) The ESOS agency must:\n (a) grant or refuse to make an arrangement; and\n (b) give the provider written notice of the decision; and\n (c) if the decision is a refusal—mention in the notice the reasons for refusal.\n (3) The provider must pay the penalty:\n (a) if an arrangement is made—in accordance with the arrangement; or\n (b) if the decision is a refusal—before the end of the later of:\n (i) the 28 day period; and\n (ii) 7 days after receiving notice of the refusal.","sortOrder":19},{"sectionNumber":"6.06","sectionType":"section","heading":"If infringement notice disputed","content":"#### 6.06 If infringement notice disputed\n\n (1) If:\n (a) an infringement notice has been served on a provider; and\n (b) the ESOS agency for the provider is satisfied that in all the circumstances it is proper to do so;\n the ESOS agency may withdraw the notice (whether or not the ESOS agency has received a notice under paragraph 6.02(2)(h)).\n (2) If, before the end of 28 days after receiving an infringement notice, a provider gives the ESOS agency for the provider notice under paragraph 6.02(2)(h), the ESOS agency must decide whether to withdraw the infringement notice.\n (3) The ESOS agency must:\n (a) withdraw, or refuse to withdraw, the notice; and\n (b) give the provider written notice of the decision; and\n (c) if the decision is a refusal—mention in the notice the reasons for refusal.\n (4) If the ESOS agency decides to refuse to withdraw an infringement notice, notice of that decision must state that:\n (a) if the amount of the infringement notice penalty is paid within 28 days after notice of the decision is given to the provider, the provider will not be prosecuted for the alleged offence; and\n (b) if that amount is not paid in accordance with paragraph (a), the provider may be prosecuted for the alleged offence.\n (5) In making a decision, the ESOS agency must consider:\n (a) the facts or matters set out in the notice (if any) given under paragraph 6.02(2)(h); and\n (b) the circumstances in which the offence mentioned in the notice is alleged to have been committed; and\n (c) whether the provider has been convicted previously of an offence to which section 106 of the Act applies; and\n (d) whether an infringement notice has previously been given to the provider for an offence of the same kind as the offence mentioned in the notice; and\n (e) any other matter the ESOS agency considers relevant to the decision.\n\n> Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.","sortOrder":20},{"sectionNumber":"6.07","sectionType":"section","heading":"Payment of penalty if infringement notice not withdrawn","content":"#### 6.07 Payment of penalty if infringement notice not withdrawn\n\n If:\n (a) an infringement notice has been served on a provider; and\n (b) the ESOS agency for the provider refuses to withdraw the infringement notice;\n the provider must pay the infringement notice penalty before the end of 28 days after receiving notice of the refusal.","sortOrder":21},{"sectionNumber":"6.08","sectionType":"section","heading":"Effect of payment of infringement notice penalty","content":"#### 6.08 Effect of payment of infringement notice penalty\n\n (1) If a provider, who is served with an infringement notice, pays the infringement notice penalty in accordance with this Part:\n (a) the provider’s liability in respect of the offence is discharged; and\n (b) further proceedings cannot be taken against the provider for the offence; and\n (c) the provider is not convicted of the offence.\n (2) Subregulation (1) applies to a provider who makes an arrangement to pay the infringement notice penalty by instalments, only if the provider makes payments in accordance with the arrangement.","sortOrder":22},{"sectionNumber":"6.09","sectionType":"section","heading":"Admissions under paragraph 6.02(2)(h)","content":"#### 6.09 Admissions under paragraph 6.02(2)(h)\n\n Evidence of an admission made by a provider in a notice under paragraph 6.02(2)(h) is inadmissible in proceedings against the provider for the alleged offence.","sortOrder":23},{"sectionNumber":"6.10","sectionType":"section","heading":"Matter not to be taken into account in determining sentence","content":"#### 6.10 Matter not to be taken into account in determining sentence\n\n (1) This regulation applies if a provider served with an infringement notice:\n (a) elects not to pay the infringement notice penalty; and\n (b) is prosecuted for, and convicted of, the alleged offence mentioned in the infringement notice.\n (2) In determining the penalty to be imposed, the court must not take into account the fact that the provider chose not to pay the infringement notice penalty.","sortOrder":24},{"sectionNumber":"6.11","sectionType":"section","heading":"Evidence for hearing","content":"#### 6.11 Evidence for hearing\n\n (1) At the hearing of a prosecution for an offence mentioned in an infringement notice, the following certificates are evidence of the facts stated in the certificate:\n (a) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that:\n (i) the infringement notice was served on the alleged offender; and\n (ii) the infringement notice penalty has not been paid in accordance with this Part;\n (b) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that the notice was withdrawn on a day specified in the certificate;\n (c) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that:\n (i) a further period was refused, under regulation 6.04, for payment of the infringement notice penalty; and\n (ii) the infringement notice penalty has not been paid in accordance with this Part;\n (d) a certificate signed by an authorised officer of the ESOS agency for the alleged offender and stating that:\n (i) for regulation 6.04, the further time mentioned in the certificate for payment of the infringement notice penalty was granted; and\n (ii) the infringement notice penalty was not paid in accordance with the notice or within the further time.\n (2) A certificate that purports to have been signed by an authorised officer of the ESOS agency for the alleged offender is taken to have been signed by that authorised officer unless the contrary is proved.","sortOrder":25},{"sectionNumber":"6.12","sectionType":"section","heading":"Payment of penalty by cheque","content":"#### 6.12 Payment of penalty by cheque\n\n If a cheque is given to the Commonwealth in payment of all or part of the amount of an infringement notice penalty, the payment is taken not to have been made unless the cheque is honoured on presentation.","sortOrder":26},{"sectionNumber":"6.13","sectionType":"section","heading":"Infringement notice not compulsory, etc","content":"#### 6.13 Infringement notice not compulsory, etc\n\n Nothing in this Part is to be taken:\n (a) to require that a provider suspected of having committed an offence to which section 106 of the Act applies be served an infringement notice; or\n (b) to affect the liability of a provider to be prosecuted for an alleged offence, if:\n (i) an infringement notice is not served on the provider for the offence; or\n (ii) an infringement notice is served, and withdrawn; or\n (c) to limit the penalty that may be imposed by a court on a provider convicted of an offence.\n\n> Note: Part 7 has been reserved for future use.","sortOrder":27}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2268},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original purpose of implementing the ESOS Act through administrative requirements for provider registration, student data collection, and enforcement mechanisms. No significant expansion beyond the core framework of regulating education services for overseas students is evident."},"complexity_factors":["Multiple cross-references to other legislation including Migration Regulations 1994, Higher Education Support Act 2003, Higher Education Funding Act 1988, and Crimes Act 1914","Complex defined terms with nested exclusions (e.g., 'student visa' excludes four specific categories including Foreign Affairs students and secondary exchange students)","Differential obligations based on provider type (public providers vs non-public providers have different reporting requirements for tuition fees)","Detailed procedural framework for infringement notices with 12 specific content requirements, time limits (28 days), extension applications, instalment arrangements, and withdrawal procedures","Layered reporting triggers requiring providers to assess student circumstances (under 18, deferment vs suspension, health/compassionate grounds exceptions)"],"plain_english_summary":"These Regulations set out the administrative rules for education providers who teach international students in Australia under the *Education Services for Overseas Students Act 2000*.\n\n**What providers must do:**\n- **Register their details**: Supply business addresses, ABN/ACN, trading names, and course information (level, field, duration, fees, locations) to the national Register of providers.\n- **Collect student information**: Gather extensive details about each accepted student including full name, date of birth, nationality, passport number, visa number, English test scores, and fees paid. For students under 18, providers must record contact details for a parent or guardian.\n- **Report changes**: Notify authorities when a student fails to start their course, withdraws early, changes courses, defers studies, or suspends their enrolment. Providers must also report if they receive tuition fees for non-public providers.\n- **Keep proper records**: Maintain detailed financial records separating tuition from non-tuition fees, keep copies of written agreements with students, back up electronic records, and allow students to access their records for no more than the actual cost of providing access.\n\n**Enforcement:**\nThe Regulations create an **infringement notice** system (similar to a fine) that allows the ESOS agency to penalise providers for breaches without going to court. Providers can pay the penalty (4 penalty units for individuals, 20 for companies), request an extension, pay by instalments, or dispute the notice. Paying the penalty means no conviction is recorded, but refusing to pay may result in court prosecution.\n\n**Who it affects:**\nAll registered education providers offering courses to overseas students on student visas (excluding certain diplomatic, defence, and scholarship students), including universities, vocational colleges, and schools."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These Regulations implement and specify procedural and recordkeeping details authorised by the Education Services for Overseas Students Act 2000 (for example, entries required on the Register under paragraph 14A(4)(i) and reporting/recordkeeping under sections 19 and 21 of the Act). The instrument confines itself to prescribing information fields, recordkeeping and an administrative infringement procedure under section 106 of the Act (see regs 2.01; 3.01–3.05; Part 6). It does not, on its face, expand the Act's substantive reach or create new categories of regulated persons beyond registered providers — it operationalises the Act rather than altering its legislative scope."},"complexity_factors":["Extensive cross‑references to the Act and to external instruments (e.g., Migration Regulations and Migration visa condition 8202) increasing interpretive steps (regs 1.03; 3.03A).","Large number of discrete data fields and recordkeeping requirements that providers must collect, separate and retain (regs 2.01; 3.01; 3.04).","Operational dependence on an electronic system (PRISMS) for reporting and Register entries (regs 1.03 definition of PRISMS; regs 3.01; notes).","Administrative discretion vested in the ESOS agency for enforcement decisions (serve/withdraw/extend/instalments) with limited statutory bounds in the text (regs 6.02(1); 6.04; 6.05; 6.06).","Multiple procedural deadlines and alternative paths (service within 12 months; 28‑day payment period; extension and instalment processes) which interact in enforcement outcomes (regs 6.02(4); 6.02(2)(f); 6.04; 6.05)."],"plain_english_summary":"# What these Regulations do\n\nThese Regulations (the Education Services for Overseas Students Regulations 2001) set out detailed, practical rules that registered providers of education to overseas students must follow. They do three main things:\n\n- Define terms and give the Regulations a short title and commencement date (regs 1.01–1.03). \n- Specify the exact provider and course information that must appear on the official Register (regulation 2.01). \n- Prescribe the information providers must record and report about accepted overseas students, how records must be kept and backed up, limits on fees for student access to records, and a civil enforcement procedure (Divisions 3.1 and Part 6: regs 3.01–3.06 and 6.01–6.13).\n\n# Who is affected\n\n- Registered providers of courses to overseas students (referred to throughout as \"providers\"). See the definition cross‑references in regulation 1.03. \n- The ESOS agency (the Commonwealth agency responsible for enforcing the Act) — it is given roles in registration, data handling and enforcement (see regs 2.01 and Part 6). \n- Overseas students (information about them must be collected and reported by providers; see regs 3.01–3.03).\n\n# How it works mechanically\n\n- Register entries (regulation 2.01): For each provider and for each registered course the Register must include detailed contact and business identifiers (address, ABN/ACN, trading names), estimated annual domestic student load, the ESOS‑agency‑approved cap on overseas students, and course details (level/field, duration including breaks, tuition and non‑tuition fee estimates, locations and contact points, and whether the course is delivered directly or under arrangement) (reg 2.01(1)–(2)).\n\n- Student data and PRISMS (regulations 3.01–3.03): When a person becomes an \"accepted student\" a provider must supply a prescribed set of personal, course and payment particulars for entry into the government computer system (PRISMS) (see reg 3.01). Providers must also notify prescribed information when students do not begin on time, change or terminate courses, change course location, defer or suspend studies, and (for non‑public providers) the details of tuition payments received in a calendar month (regs 3.02–3.03, 3.03(5)). Regulation 3.03A prescribes visa condition 8202 as the visa condition providers must monitor and report if breached.\n\n- Recordkeeping (regulations 3.04–3.06): Providers must keep records for each accepted student showing payments received (separating tuition and non‑tuition fees), whether payments relate to whole or part of the course and the relevant durations, copies of written agreements, unpaid amounts, and the fee (if any) charged to the student to access records; electronic records must be backed up; any fee for a student to access records must not exceed the provider's cost of providing access (regs 3.04–3.06).\n\n- Infringement notice regime (Part 6: regs 6.01–6.13): The Regulations provide a non‑court alternative for dealing with certain offences under the Act. Where there are reasonable grounds the ESOS agency may serve an infringement notice on a provider (reg 6.02). The notice must include specified content (what is alleged, relevant Act provision, amount payable, how and when to pay, and rights to make submissions) and must be served within 12 months of the alleged offence (reg 6.02(2), (4)). The ESOS agency decides on service, extensions of time, instalment arrangements, and whether to withdraw notices; procedural safeguards are set out for providers who dispute a notice (regs 6.03–6.06). Paying the infringement notice penalty discharges the provider's liability for that offence and prevents prosecution for it (reg 6.08). The Regulations note the penalty scale under the Act (4 penalty units for an individual; 20 penalty units for a body corporate) (note to reg 6.02).\n\n# Purposes stated in the Regulations, and the trade‑offs they create\n\n- Stated purpose: Part 6 explicitly provides an option for alleged offences to be resolved by payment of an infringement notice penalty instead of a court process (reg 6.01). The mechanical effect is to give the ESOS agency an administrative tool to resolve some alleged breaches more quickly and without prosecution (regs 6.01–6.02).\n\n- Trade‑offs and implementation risks (source‑grounded):\n - Administrative burden on providers: The Regulations require detailed, ongoing data reporting and recordkeeping (reg 2.01; regs 3.01–3.04). Maintaining up‑to‑date PRISMS entries, separate accounting for tuition and non‑tuition fees, backing up electronic records, and responding to information requests will consume staff time and systems resources (regs 3.01, 3.04, 3.05). \n - Who pays: Providers bear the direct cost of compliance and, if an offence is dealt with by infringement notice, the monetary penalty (see reg 3.04 for recordkeeping/compliance costs; note to reg 6.02 and reg 6.08 for penalties). \n - Decision‑making and discretion: The ESOS agency has discretion to serve, withdraw, extend time for payment, and set instalment arrangements for infringement notices (regs 6.02(1), 6.04(1), 6.05(1), 6.06(1)). Those discretions are procedural levers that can change outcomes for providers but are not otherwise bounded in the text beyond the requirement the agency act as it considers \"proper\" or \"reasonable\" in the circumstances (see regs 6.04(1), 6.05(1), 6.06(1)). \n - Enforcement design: Payment of an infringement notice discharges liability for the specific offence and prevents further proceedings for it (reg 6.08). That speeds resolution but means providers who accept an infringement notice will not have a conviction recorded while also forgoing a contested hearing. Conversely, if a provider elects not to pay and is later convicted, the court must not consider the provider's earlier election not to pay when determining sentence (reg 6.10). \n - Information flows and reliance on PRISMS: Several obligations are tied to PRISMS reporting and to entering specified fields on the Register. The system reliance means accuracy and timeliness of electronic reporting are practical compliance risks (regs 2.01; 3.01; note to reg 3.03A re: PRISMS/Secretary’s computer system under the Act).\n\n# Concrete behavioural effects the Regulations induce\n\n- Providers will collect and retain more granular student and payment data and will separate tuition and non‑tuition fees in records (regs 3.01(i), 3.04(a)). \n- Providers must disclose to the Register and to the ESOS agency specified business and course attributes (reg 2.01), including the ESOS‑agency‑approved maximum number of overseas students (reg 2.01(1)(h)), which may affect recruitment and capacity planning. \n- Providers face a choice when an alleged offence arises: accept and pay an infringement notice and avoid prosecution (reg 6.08), or contest and risk prosecution but preserve the right to a judicial hearing (regs 6.02(2)(f), 6.06). \n\n# Where costs and benefits are concentrated\n\n- Costs are concentrated on registered providers in the form of administration and potential penalties (reg 3.04; note to reg 6.02). \n- Benefits from administrative enforcement (faster resolution, reduced court loads) are borne by the ESOS agency and the Commonwealth; the Regulations do not specify financial transfers other than payment of a penalty by a provider (Part 6).\n\n# Key implementation details to watch (sections cited)\n\n- Exact Register fields that must be populated: reg 2.01. \n- Required student data entries (including pre‑enrolment fees received and, for non‑public providers, the period those payments relate to): reg 3.01(i)–(ia), (ib). \n- Records providers must keep and the requirement to back up electronic records: regs 3.04–3.05. \n- The ESOS agency’s powers and procedural steps for infringement notices, including time limits (service within 12 months), content of the notice, extension and instalment powers, withdrawal and decision considerations: regs 6.02–6.06.\n\nThis is a procedural and recordkeeping instrument: it translates obligations in the Act into concrete fields, timelines and administrative processes that providers and the ESOS agency must follow. The Regulations primarily allocate reporting duties and enforcement mechanics; they do not create new categories of substantive eligibility or change the fundamental statutory obligations in the Act, but they do make compliance operationally specific (see regs 2.01, 3.01–3.05 and Part 6)."}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-regulations-2001","history":"/api/acts/education-services-for-overseas-students-regulations-2001/history","analysis":"/api/acts/education-services-for-overseas-students-regulations-2001/analysis","conflicts":"/api/acts/education-services-for-overseas-students-regulations-2001/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-regulations-2001/important-cases","documents":"/api/acts/education-services-for-overseas-students-regulations-2001/documents"}}