{"id":"F2025L01500","name":"Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument 2025","slug":"f2025l01500","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443068,"registerId":"F2025L01500-fast-fetch-1775957975421","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nEducation Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument 2025\n\nI, Katherine Tagg, acting TPS Director, make the following instrument.\n\nDated 3 December 2025    \n\nKatherine Tagg\n\nActing TPS Director\n\n \n\n \n\nContents\n\nPart 1—Introduction\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\nPart 2 – Risk rated premium component\n\n6  Risk rated premium component\n\n7  Risk factor - base\n\n8  Risk factor - length of operation\n\n9  Risk factor - volatility in overseas student enrolments\n\n10  Risk factor - maximum overseas source country concentration\n\n11  Risk factor - non-compliance and registration renewal\n\n12  Recalculation of risk factors when registrations amalgamated and national registration on CRICOS is finalised during 2025\n\nPart 3—Special tuition protection component\n\n13  Special tuition protection component\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument  2024\n\n \n\n \n\nPart 1—Introduction\n\n1  Name\n\n  This instrument is the Education Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument 2025.\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. Parts 1 to 3 31 December 2025\n- 2. Schedule 1 1 January 2026\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 sections 9 and 10 of the Education Services for Overseas Students (TPS Levies) Act 2012.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the definitions section of the Act, including the following:\n\n(a) risk rated premium component;\n\n(b) special tuition protection component.\n\n  In this instrument:\n\nAct means the Education Services for Overseas Students (TPS Levies) Act 2012.\n\nCRICOS means the Commonwealth Register of Institutions and Courses for Overseas Students.\n\nCRICOS annual registration charge means a CRICOS annual registration charge imposed by the Education Services for Overseas Students (Registration Charges) Act 1997 as in force for a year referred to in subsection 11(2).\n\nESOS Act means the Education Services for Overseas Students Act 2000.\n\nlength of operation, for a provider, means the number of years that the provider has been registered on CRICOS as a registered provider:\n\n (a) beginning at the time the provider was registered, or last registered, as a registered provider; and\n\n (b) ending on 31 December 2025.\n\nnon-exempt provider means a registered provider that the Minister has not exempted under paragraph 12(b) of the Act from the requirement to pay the risk rated premium component.\n\noverseas student has the same meaning as in the ESOS Act.\n\noverseas student enrolments means the total enrolments of overseas students for a registered provider worked out in accordance with section 4A of the Act.\n\nprovider has the same meaning as in the ESOS Act.\n\nregistered provider has the same meaning as in the ESOS Act.\n\nrisk management means the ESOS agency for a provider uses a risk management approach under subsection 10E(2) of the ESOS Act, and as a result, decides to renew the provider’s registration for a period less than the maximum period allowed.\n\nNote: An ESOS agency for a provider may decide to renew a provider’s registration for a period less than the maximum period allowed for reasons that are not due to risk management. For example, a shorter registration renewal may be appropriate for administrative reasons, such as aligning or staggering a registered provider’s CRICOS period of registration with the provider’s domestic period of registration.\n\nTPS levy has the same meaning as in the ESOS Act.\n\ntuition fees has the same meaning as in the ESOS Act.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\nPart 2 – Risk rated premium component\n\n6  Risk rated premium component\n\n (1) For the purposes of paragraph 9(3)(a) of the Act, the specified percentage for 2026 is 0.05%.\n\n (2) For the purposes of paragraph 9(3)(b) of the Act, the following risk factors are specified:\n\n (a) base;\n\n (b) length of operation;\n\n (c) volatility in overseas student enrolments;\n\n (d) maximum overseas source country concentration; and\n\n (e) non-compliance and registration renewal. \n\n7  Risk factor - base\n\nApplication\n\n (1) The base risk factor applies to all non‑exempt providers.\n\nFactor by which specified percentage is multiplied\n\n (2) For the purposes of paragraph 9(3)(c) of the Act, the factor by which the specified percentage is multiplied is 1.0.\n\n8  Risk factor - length of operation\n\nApplication\n\n (1) The length of operation risk factor applies to all non‑exempt providers.\n\nFactor by which specified percentage is multiplied\n\n (2) For the purposes of paragraph 9(3)(c) of the Act, the factor by which the specified percentage is multiplied is that set out in the following table:\n\n \n\n- Registered provider’s length of operation\n- Column 1 Column 2 Column 3\n- Item If a registered provider’s length of operation is … then the increase factor is …\n- 1 less than 1 year 1.0\n- 2 1 year or more but less than 2 years 0.5\n- 3 2 years or more 0.0\n\n\n9  Risk factor - volatility in overseas student enrolments\n\nApplication\n\n (1) The volatility in overseas student enrolments risk factor applies to a non-exempt provider that:\n\n (a) has a length of operation of 2 years or more; and\n\n (b) had either or both of the following in 2025:\n\n (i) at least 20 overseas student enrolments;\n\n (ii) $400,000 or more in tuition fee income received.\n\n (2) The risk factor does not apply to a non-exempt provider where the provider’s proportion of overseas students is less than 20% of its total student population.\n\nWorking out the percentage of a registered provider’s volatility in overseas student enrolments\n\n (3) For the purposes of subsection (4), a registered provider’s volatility in overseas student enrolments is either:\n\n (a) if a registered provider did not have overseas student enrolments in 2025 – 0%; or\n\n (b) if a registered provider had overseas student enrolments in 2025 – the percentage worked out using the following formula:\n\n![Start formula open bracket start fraction number of overseas student enrolments in 2025 over number of overseas student enrolments in 2024, minus 1 close brackets multiplied by 100 end formula](image.002.png)\n\nFactor by which specified percentage is multiplied\n\n (4) For the purposes of paragraph 9(3)(c) of the Act and subject to subsection (5), the factor by which the specified percentage is multiplied is that set out in the following table:\n\n \n\n- Registered provider’s volatility in overseas student enrolments\n- Column 1 Column 2 Column 3\n- Item If a registered provider’s volatility in overseas student enrolments is … then the increase factor is …\n- 1 120% or more 3.5\n- 2 105% to less than 120% 3.0\n- 3 90% to less than 105% 2.5\n- 4 75% to less than 90% 1.8\n- 5 60% to less than 75% 1.2\n- 6 45% to less than 60% 0.6\n- 7 30% to less than 45% 0.4\n- 8 -15% to less than 30% 0.0\n- 9 -30% to less than -15% 1.5\n- 10 -45% to less than -30% 2.0\n- 11 -60% to less than -45% 3.0\n- 12 Less than -60% 3.5\n\n\n (5) If a registered provider has been operating for less than 5 years, the increase factor set out in subsection (4) is reduced by the percentage set out in the following table:\n\n \n\n- Registered provider’s volatility in overseas student enrolments\n- Column 1 Column 2 Column 3\n- Item If a registered provider’s length of operation is … then the increase factor is reduced by…\n- 1 less than 2 years 100%\n- 2 2 years or more but less than 3 years 75%\n- 3 3 years or more but less than 4 years 50%\n- 4 4 years or more but less than 5 years 25%\n\n\n10  Risk factor - maximum overseas source country concentration\n\nApplication\n\n (1) The maximum overseas source country concentration risk factor applies to a non-exempt provider that had either or both of the following in 2025:\n\n (a) at least 20 overseas student enrolments;\n\n (b) $400,000 or more in tuition fee income received.\n\n (2) The risk factor does not apply to a non-exempt provider where the provider’s proportion of overseas students is less than 20% of its total student population.\n\nWorking out the maximum overseas source country concentration percentage\n\n (3) For the purposes of subsection (4), a registered provider’s maximum overseas source country concentration percentage is worked out using the formula:\n\n ![start formula start fraction largest number of overseas student enrolments for a country over total number of overseas student enrolments end fraction times 100 end formula](image.003.png)\n\n  where:\n\nlargest number of overseas student enrolments for a country in 2025 means, of the number of overseas student enrolments with the registered provider for each overseas source country in 2025, the largest number of enrolments for any of those overseas source countries in 2025.\n\ntotal number of overseas student enrolments in 2025 means the total number of overseas student enrolments with the registered provider in 2025.\n\nFactor by which specified percentage is multiplied\n\n (4) For the purposes of paragraph 9(3)(c) of the Act, the factor by which the specified percentage is multiplied is that set out in the following table:\n\n \n\n- Registered provider’s maximum overseas source country concentration\n- Column 1 Column 2 Column 3\n- Item If a registered provider’s maximum overseas source country concentration is … then the increase factor is …\n- 1 80% or more 3.1\n- 2 50% or more but less than 80% 0.7\n- 3 25% or more but less than 50% 0.3\n- 4 less than 25% 0.0\n\n\n11  Risk factor - non-compliance and registration renewal\n\nApplication\n\n (1) The non-compliance and registration renewal risk factor applies to all non-exempt providers.\n\nWorking out the weighted late payment measure\n\n (2) For the purposes of subsection (3), a registered provider’s weighted late payment measure is worked out by adding the results of the calculations in the following paragraphs:\n\n (a) for 2025, work out 0.7 x [CLP + TLP];\n\n (b) for 2024, work out 0.2 x [CLP + TLP];\n\n (c) for 2023, work out 0.1 x [CLP + TLP].\n\nwhere:\n\nCLP is the CRICOS Annual Registration Charge Late Payment, for a year, which means:\n\n (a) the number of days after the due date on which the CRICOS annual registration charge for that year was received; or\n\n (b) if payment was received on or before the due date or the charge was not payable for that year—zero.\n\nTLP is the Tuition Protection Late Payment, for a year, which means:\n\n (a) the number of days after the due date on which the TPS levy payable for that year was received; or\n\n (b) if the TPS levy was received on or before the due date or the charge was not payable for that year—zero.\n\nFactor by which specified percentage is multiplied\n\n (3) For the purposes of paragraph 9(3)(c) of the Act and subject to subsection (4), the factor by which the specified percentage is multiplied is that set out in the following table:\n\n \n\n- Registered provider’s non-compliance and registration renewal\n- Column 1 Column 2 Column 3\n- Item If a registered provider … then the increase factor is …\n- 1 has a weighted late payment measure of 30 days or more 2.0\n- 2 has a weighted late payment measure of 15 days or more but less than 30 days 0.9\n- 3 has a weighted late payment measure of 1 day or more but less than 15 days 0.7\n- 4 has a weighted late payment measure of less than 1 day (including having a weighted late payment measure of 0) 0.0\n- 5 had action mentioned in section 83 of the ESOS Act taken against it in 2025 1.0\n- 6 applied under section 10D of the ESOS Act to renew the provider’s registration and, due to risk management, the period of registration set out in the notice given in 2025 under section 10G of that Act is less than the maximum period allowed 1.0\n- 7 had at least one student default under section 47A of the ESOS Act that led to the TPS Director paying a refund to the student in 2025 under section 50B of the ESOS Act 1.0\n\n\n (4) Where more than one item in the table at subsection (3) applies, the increase factor is the sum of the factors in column 3.\n\n12  Recalculation of risk factors when registrations amalgamated and national registration on CRICOS is finalised during 2025\n\n (1) This section applies if a provider amalgamates 2 or more registrations on CRICOS into a single registration through the national registration process in 2025.\n\nNote: For the process to request amalgamation, see item 96 of Schedule 2 to the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Act 2012.\n\n (2) If this section applies to a provider, the provider’s risk factors in sections 7 to 11 are to be recalculated as follows:\n\n (a) the length of operation risk factor is to be calculated in respect of the resultant amalgamated registration for the period:\n\n (i) beginning at the start of the longest‑running registration in the amalgamation; and\n\n (ii) ending on 31 December 2025;\n\n (b) the volatility in overseas student enrolments risk factor is to be calculated using subsection 9(3), but treating the number of overseas student enrolments for a year as the sum of student enrolments for all registrations in that year that were amalgamated into the single registration;\n\n (c) the maximum overseas source country concentration risk factor is to be calculated using subsection 10(3), as follows:\n\n (i) the number of enrolments for each overseas source country is to be calculated as the sum of the enrolments for that overseas source country with each of the registrations that were amalgamated into the single registration;\n\n (ii) the total number of enrolments is to be calculated as the sum of the total number of enrolments for all registrations that were amalgamated into the single registration;\n\n (d) the non-compliance and registration renewal risk factor is to be calculated for the resultant amalgamated registration as follows:\n\n (i) the weighted late payment measure is the sum of the amount calculated using subsection 11(2) for each registration that was amalgamated into the single registration;\n\n (ii) if any of items 5, 6 or 7 in the table in subsection 11(3) apply to any registration that was amalgamated, the increase factor for the resultant amalgamated registration is 1.0 for that item;\n\n (e) the overseas students tuition fee income for 2025 is to be calculated as the sum of the overseas students tuition fee income for the courses in relation to all registrations that were amalgamated into the single registration.\n\n \n\nPart 3—Special tuition protection component\n\n13  Special tuition protection component\n\n  For the purposes of subsection 10(2) of the Act, the specified percentage for 2026 is 0%.\n\n \n\n\n\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (TPS Levies) (Risk Rated Premium and Special Tuition Protection Components) Instrument  2024\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2024 instrument (Schedule 1) and replaces it with 2026 settings: a risk‑rated premium specified at 0.05% and a special tuition protection component at 0% (ss 6(1), 13). It also prescribes the detailed methodology, thresholds and aggregation rules (ss 6–12) that determine which CRICOS‑registered, non‑exempt providers are charged and how their levies are calculated, thereby changing the operational and compliance scope that regulated providers and administrators must follow."},"complexity_factors":["Multiple named risk factors with different scopes and applicability (base, length of operation, volatility, country concentration, non‑compliance) (s 6(2); ss 7–11).","Tiered numeric tables and thresholds that map measured percentages or counts to multiplier factors (eg. volatility bands in s 9(4); concentration bands in s 10(4); late‑payment bands in s 11(3)).","Conditional application rules tied to enrolment and revenue thresholds (20 overseas enrolments or $400,000 tuition fee income) and to providers whose overseas student share is ≥20% (ss 9(1)–(2), 10(1)–(2)).","Formulas requiring year‑on‑year calculations and percentage changes (volatility formula in s 9(3); country concentration formula in s 10(3)).","Reductions to volatility multipliers for providers with <5 years operation, with graduated percentage reductions (s 9(5)).","Weighted composite compliance metric combining CRICOS registration charge and TPS late payments across three years with different weights (s 11(2)).","Aggregation rules when multiple CRICOS registrations are amalgamated through national registration (ss 12(1)–(2)), including summed enrolments, summed fees, and summed late‑payment measures.","Additive treatment where multiple non‑compliance items apply (sum of factors per s 11(4)), increasing combinatorial outcomes.","Cross‑references to other statutes and defined terms (Education Services for Overseas Students (TPS Levies) Act 2012; ESOS Act; CRICOS charge regimes) that affect inputs and exemptions (ss 3–5).","Commencement and repeal mechanics that replace the 2024 instrument and stage the operation of provisions (s 2; Schedule 1)."],"plain_english_summary":"This instrument sets the Tuition Protection Service levy settings for 2026. It fixes the risk‑rated premium at 0.05% and the special tuition protection component at 0%, and prescribes five risk factors and formulas that adjust the premium for CRICOS‑registered (non‑exempt) overseas‑student providers. It matters because it changes how much affected providers pay and specifies the exact calculations administrators must use to assess risk‑based levy charges."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is an annual update instrument that operates within its established statutory framework. It maintains the same risk-based premium structure introduced in previous years, merely updating the specific percentages, thresholds, and reference years (2024/2025/2026) for the 2026 levy year. The scope remains tightly focused on setting TPS levy risk components as authorised by sections 9-10 of the parent Act."},"complexity_factors":["Multiple interacting risk factors (5 separate factors) that must be calculated and multiplied together","Nested conditional logic — volatility factor doesn't apply to providers with <20% overseas students or <2 years operation; country concentration has similar thresholds","Mathematical formulas with weighted calculations (e.g., weighted late payment measure uses 0.7/0.2/0.1 weighting for 2025/2024/2023)","12-tiered sliding scale for volatility factor (items 1-12) with asymmetric treatment of growth vs decline","Additional reduction percentages for volatility factor based on length of operation (4-tier table)","Complex amalgamation rules in section 12 requiring retrospective aggregation of historical data across merged entities","Multiple defined terms cross-referencing primary legislation (ESOS Act, TPS Levies Act)","Cumulative penalty structure in section 11(4) where multiple compliance breaches add together"],"plain_english_summary":"This instrument sets the 2026 risk‑rated premium rules for Australia’s Tuition Protection Service, requiring most registered providers (unless exempted) to pay a levy tied to their overseas tuition income so the TPS can protect international students if a provider fails.\n\nThe premium is 0.05% of tuition multiplied by risk factors that reward stable, compliant, diversified providers and penalise new entrants, volatile enrolments, country concentration, and poor compliance; merged providers use combined histories. The flat tuition protection component is 0% for 2026."}},"importantCases":[],"_links":{"self":"/api/acts/f2025l01500","history":"/api/acts/f2025l01500/history","analysis":"/api/acts/f2025l01500/analysis","conflicts":"/api/acts/f2025l01500/conflicts","importantCases":"/api/acts/f2025l01500/important-cases","documents":"/api/acts/f2025l01500/documents"}}