{"id":"F2022L01303","name":"Education Services for Overseas Students (Requirements for Notice to Immigration Secretary) Instrument 2022","slug":"education-services-for-overseas-students-requirements-for-notice-to-immigration-secretary-instrument","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441551,"registerId":"F2022L01303-fast-fetch-1775956828258","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Services for Overseas Students (Requirements for Notice to Immigration Secretary) Instrument 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nEducation Services for Overseas Students (Requirements for Notice to Immigration Secretary) Instrument 2022\n\nI, Jason Clare, Minister for Education, make the following instrument.\n\nDated   29/09/2022 \n\nJason Clare\n\nMinister for Education\n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedule\n\n6  Requirements of a notice\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (TPS Director to notify Immigration Secretary of payment of refunds) Determination 2012 (No. 1)\n\n \n\n1  Name\n\n  This instrument is the Education Services for Overseas Students (Requirements for Notice to Immigration Secretary) Instrument 2022.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 50D(3) of the Education Services for Overseas Students Act 2000.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:\n\n(a) course;\n\n(b) overseas student; and\n\n(c) provider.\n\n  In this instrument:\n\nAct means the Education Services for Overseas Students Act 2000.\n\nconfirmation of enrolment has the same meaning as in regulation 1.03 of the Migration Regulations 1994.\n\nNote: Regulation 1.03 of the Migration Regulations1994 provides that confirmation of enrolment, in relation to a student and a registered provider, means a confirmation by the registered provider that the student is enrolled in a registered course provided by the registered provider, as required by section 19 of the Act.\n\nPRISMS means the Provider Registration and International Student Management System established under subsection 109(1) of the Act.\n\n5  Schedule\n\n  The instrument specified in the Schedule to this instrument is repealed as set out in the applicable items in the Schedule.\n\n6  Requirements of a notice\n\n  For the purposes of subsection 50D(3) of the Act, the requirements of a notice are:\n\n (a) that the notice include the following information:\n\n (i) the confirmation of enrolment;\n\n (ii) the amount of the refund; and\n\n (iii) the date the refund was paid; and\n\n (b) that the information contained in the notice be given using PRISMS.\n\n \n\n\n\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (TPS Director to notify Immigration Secretary of payment of refunds) Determination 2012 (No. 1)\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains the original scope of subsection 50D(3) of the ESOS Act, which has always empowered the Minister to specify notification requirements for refunds. The 2022 instrument simply updates the technical requirements (adding PRISMS as the mandatory submission method) and repeals the 2012 predecessor. There is no expansion beyond the original legislative purpose of ensuring the Immigration Secretary receives refund information."},"complexity_factors":["Very short instrument (approximately 1 page of substantive content)","Only 3 defined terms in section 4 (Act, confirmation of enrolment, PRISMS)","Simple, unidirectional obligation: 3 data points + 1 submission method","No conditional logic, exceptions, or nested provisions","Single repeal in Schedule 1 with no transitional arrangements","Cross-references limited to: ESOS Act subsection 50D(3), Migration Regulations 1994, and PRISMS establishment provision"],"plain_english_summary":"This instrument replaces the 2012 Determination and mandates what registered education providers must report to the Immigration Secretary when they pay tuition refunds to overseas students. Providers must notify, via PRISMS, the student’s confirmation of enrolment, the refund amount, and the date paid. \n\nIt affects ESOS-registered providers, the TPS Director and the Immigration Secretary, and modernises reporting to support visa compliance and tuition-protection oversight."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand or create new notification obligations beyond those authorised by subsection 50D(3) of the Act; it prescribes the content and electronic channel for such notices (see s3 and s6) and repeals the earlier Determination (Schedule 1). It is therefore procedural in scope rather than altering who must notify under the Act."},"complexity_factors":["Direct statutory hook to the ESOS Act (s50D(3)) — instrument is procedural rather than substantive (see s3 and s6).","Mandated use of PRISMS creates an operational/technical compliance requirement for providers and administrators (see s4, definition of PRISMS, and s6(b)).","Cross-reference to Migration Regulations' definition of confirmation of enrolment links this instrument to external rules for meaning of a key field (see s4, confirmation of enrolment note referencing reg 1.03).","Prescriptive, small set of required data fields (confirmation of enrolment; refund amount; refund date) reduces legal ambiguity but concentrates implementation risk on accurate data capture (see s6(a)(i)–(iii)).","Repeal of the 2012 Determination (Schedule 1) removes the prior instrument; any transitional or historical reporting expectations must be managed administratively (see Schedule 1)."],"plain_english_summary":"This instrument sets the required content and transmission method for notices to the Immigration Secretary under subsection 50D(3) of the Education Services for Overseas Students Act 2000: a confirmation of enrolment, the refund amount and the date the refund was paid, and that the notice be lodged using PRISMS. It also repeals a 2012 Determination. The rule affects registered providers (and TPS reporting functions) by prescribing what data must be reported and how it must be transmitted for refund notifications."}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-requirements-for-notice-to-immigration-secretary-instrument","history":"/api/acts/education-services-for-overseas-students-requirements-for-notice-to-immigration-secretary-instrument/history","analysis":"/api/acts/education-services-for-overseas-students-requirements-for-notice-to-immigration-secretary-instrument/analysis","conflicts":"/api/acts/education-services-for-overseas-students-requirements-for-notice-to-immigration-secretary-instrument/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-requirements-for-notice-to-immigration-secretary-instrument/important-cases","documents":"/api/acts/education-services-for-overseas-students-requirements-for-notice-to-immigration-secretary-instrument/documents"}}