Education Legislation Amendment (2021 Measures No. 2) Act 2021 (55 of 2021)

Schedule 2   Education services for overseas students amendments

Education Services for Overseas Students Act 2000

2   Subsections 8(1) and (2)

Repeal the subsections, substitute:

(1) A person commits an offence if:

(a) the person:

(i) provides a course at a location to an overseas student; or

(ii) makes an offer to an overseas student or an intending overseas student to provide a course at a location to that student; or

(iii) invites an overseas student or intending overseas student to undertake, or to apply to undertake, a course at a location; or

(iv) holds himself, herself or itself out as able or willing to provide a course at a location to overseas students; and

(b) the person is not registered to provide that particular course at that particular location.

Penalty: Imprisonment for 2 years.

(2) Subsection (1) does not apply if the provision, offer, inviting or holding out is in accordance with an arrangement that the person has with a registered provider for that particular course for that particular location.

Note 1: This means that, if 2 or more providers jointly provide a course, then only one of the providers needs to be registered.

Note 2: However, a provider of a course who is not registered must identify the registered provider in any written material promoting the course (see section 107) and must not engage in misleading or deceptive conduct in relation to the course (see subsection 83(2)).

Note 3: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).