1Education Services for Overseas Students (Notice Requirements—Student Defaults) Instrument 2026

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Commonwealth Coat of Arms of Australia

 

Education Services for Overseas Students (Notice Requirements—Student Defaults) Instrument 2026

I, Julian Hill, Assistant Minister for International Education, make the following instrument.

Dated 18 March 2026   

Julian Hill

Assistant Minister for International Education

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Schedules

6  Requirements for a notice on student default

Schedule 1—Repeals

Education Services for Overseas Students (Student default – discharge of obligations – requirements for a notice) Specification 2015 (No. 1).

 

 

1  Name

  This instrument is the Education Services for Overseas Students (Notice Requirements—Student Defaults) Instrument 2026.

2  Commencement

 (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.

 

• Commencement information
• Column 1 Column 2 Column 3
• Provisions Commencement Date/Details
• The whole of this instrument On the day after this instrument is registered

Note: This table relates only to the provisions of this instrument as originally made.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.

 (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.

3  Authority

  This instrument is made under subsection 47H(5) of the Education Services for Overseas Students Act 2000.

4  Definitions

Note: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:

1.       default;
2.       registered provider.

  In this instrument:

Act means the Education Services for Overseas Students Act 2000.

PRISMS means the computer system established by the Secretary under section 109 of the Act.

5  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6  Requirements for a notice on student default

  For the purposes of section 47H of the Act, the provider must enter the following information into PRISMS, for each overseas student or intending overseas student that defaults in relation to a course provided by the provider at a location and for whom the provider is required to provide a refund under section 47E:

 (a) if the provider has not provided a refund in accordance with section 47E of the Act — the reason why it has not done so;

 (b) if the provider has provided a refund in accordance with section 47E of the Act:

 (i) the date that the refund was paid by the provider to the student; and

 (ii) confirmation that the refund amount was calculated in accordance with subsection 47E(4) of the Act; and

 (iii) the date when the student default occurred.

Note: The notice must also include the information required by subsection 47H(3) of the Act.

 

 

Schedule 1—Repeals

Education Services for Overseas Students (Student default – discharge of obligations – requirements for a notice) Specification 2015 (No. 1)

1  The whole of the instrument

Repeal the instrument.