4Only registered providers may provide courses to overseas students

##### 4 Only registered providers may provide courses to overseas students (1) On and after a day to be fixed by the Minister by notice published in the Gazette, an institution or other body or person must not: (a) provide a course to overseas students; or (b) make an offer to an intending overseas student to provide a course to that student; or (c) invite an intending overseas student to undertake, or to apply to undertake, a course; or (d) hold itself, himself or herself out as able or willing to provide a course to overseas students; unless the institution or other body or person is a registered provider in respect of the course in respect of the State or each State in which the course is, or is proposed to be, provided. (1A) A person who intentionally or recklessly contravenes subsection (1) is guilty of an offence punishable by imprisonment for up to 2 years. (2) Subsection (1) does not apply to a matter to the extent that a law of a State applies to that matter. (3) It is a defence to a prosecution for an offence against paragraph (1)(d) in relation to a course if the defendant proves that: (a) the conduct in question was only for either or both of the following purposes: (i) carrying out surveys and other investigations to assess the demand for the course; or (ii) negotiating with another institution, body or person in connection with designing or developing the course; and (b) the defendant took reasonable steps to ensure that: (i) overseas students who were, or might become, interested in undertaking the course; and (ii) any institution, body or person who might assist in providing the course; were aware that the defendant was not a registered provider in respect of the course as required by subsection (1); and (c) the defendant neither invited nor accepted any amount in respect of the course from overseas students or intending overseas students, or from their agents.