Education Legislation Amendment (Integrity and Other Measures) Bill 2025
The PRESIDENT (20:10): I will now deal with the Committee of the Whole amendments, beginning with the amendments circulated by Senator Duniam on behalf of the opposition. The question is that the amendments on sheets 3531, 3532, 3534, 3535, 3536 and 3537 be agreed to. Opposition's circulated amendments— SHEET 3531 (1) Page 2 (after line 12), after clause 3, insert: 4 Review of operation of amendments made by Schedule 1 (1) The Minister must cause an independent review to be conducted of the operation of the amendments made by Schedule 1 to this Act.
Timing of review (2) The persons conducting the review must complete the review before the end of the period of 2 years starting on the day this section commences. Minister to be given report of review (3) The persons conducting the review must give the Minister a written report of the review as soon as practicable after the review is completed. Minister to table copy of report of review (4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report. _____ SHEET 3532 (1) Schedule 1, item 19, page 8 (lines 6 to 11), omit subitem 19(3), substitute: (3) Section 21B of the Education Services for Overseas Students Act 2020, as inserted by this Part, applies in relation to education agent commissions given on or after the commencement of this Part. _____ SHEET 3534 (1) Schedule 2, page 45 (after line 19), after item 8, insert: 8A Sunsetting provision The amendments of the A New Tax System (Family Assistance) (Administration) Act 1999 made by this Part cease to have effect after the end of the 2 year period starting on the day this item commences. _____ SHEET 3535 (1) Schedule 1, item 34, page 17 (before line 6), before the definition of study period, insert: registered TAFE provider means a registered provider providing technical and further education.
(2) Schedule 1, item 36, page 17 (line 19), at the end of subparagraph 11(fa)(iv), add: ; or (v) a registered higher education provider (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011); or (vi) a registered TAFE provider; _____ SHEET 3536 (1) Schedule 1, item 45, page 22 (line 17), after "satisfied", insert "on reasonable grounds".
(2) Schedule 1, item 45, page 22 (line 18), omit "issues", substitute "problems". (3) Schedule 1, item 45, page 22 (line 25), omit "may have regard to any", substitute "must have regard to all". (4) Schedule 1, item 45, page 23 (lines 29 to 33), omit subsection 96B(6), substitute: Consultation (6) The Minister must consult with each of the following before the Minister makes an instrument under subsection (1): (a) TEQSA, if a course included in the class of courses specified in the instrument is provided by a provider that is regulated by TEQSA; (b) the National VET Regulator, if a course included in the class of courses specified in the instrument is provided by a provider that is regulated by the National VET Regulator; (c) the Secretary; (d) such persons or entities from among those (if any) specified in an instrument under subsection (8) as the Minister considers appropriate.
(5) Schedule 1, item 45, page 24 (after line 16), at the end of section 96B, add: Statement of reasons (10) If the Minister makes an instrument under subsection (1), the Minister must, on the first sitting day after doing so, table a statement of the Minister's reasons for making the instrument in each House of the Parliament. _____ SHEET 3537 (1) Schedule 2, item 4, page 43 (line 22) to page 44 (line 12), omit subsection 203AA, substitute: Notice requiring cost and financial information for the purposes of the Early Education Service Delivery Prices Project (1) The Secretary may, by written notice given in accordance with subsection (2), require an approved provider that is a constitutional corporation to provide information to the Secretary or their delegate in relation to the operation of a child care service of the approved provider, if: (a) either of the following apply: (i) the information relates to a cost incurred during a period; (ii) the information is financial information relating to a period; and (b) the Secretary reasonably believes that the information is required for the achievement of the purposes of the Early Education Service Delivery Prices Project; and (c) the Secretary reasonably believes that the approved provider is capable of giving the information; and (d) the Secretary reasonably believes that there is no other means of obtaining the information that is likely to be practicable in the circumstances; and (e) the Secretary reasonably believes it is not unduly burdensome on the provider to comply with the notice.
Note: Sections 137.1 and 137.2 of the Criminal Code create offences for providing false or misleading information or documents. (2) Schedule 2, item 12, page 48 (line 2), after "satisfied", insert "on reasonable grounds". Question agreed to.
The PRESIDENT: I will now deal with the Committee of the Whole amendments circulated by Senator Henderson. The question is that the amendments on sheets 3547 and 3548 be agreed to. Senator Henderson's circulated amendments— SHEET 3547 (1)—Schedule 1, page 42 (after line 10), at the end of the Schedule, add: Part 11 — Limits on international student commencements Education Services for Overseas Students Act 2000 79 At the end of Part 3 Add: Division 3 — Limits on international student commencements at Table A providers 32A Definitions In this Division: commencement, in relation to a student, means the first enrolment of the student in a course of study with the registered provider in a calendar year.
Table A provider has the meaning as in the Higher Education Support Act 2003. dual-sector regional university means: (a) Charles Darwin University; or (b) Central Queensland University. Note: Charles Darwin University and Central Queensland University are dual-sector public universities operating predominantly in regional Australia. 32B Cap on overseas student commencements at Table A providers (1) A Table A provider (other than a dual-sector regional university) must ensure that, in each calendar year beginning on or after 1 January 2026, the number of overseas student commencements does not exceed 25 per cent of the total number of commencements by students enrolled with the provider in that calendar year.
(2) A dual-sector regional university must ensure that, in each calendar year beginning on or after 1 January 2026, the number of overseas student commencements does not exceed 25 per cent of the total number of commencements by higher-education and VET students combined in that calendar year. (3) For the purposes of subsections (1) and (2), total commencements are to be determined in accordance with any requirements specified in regulations made for the purposes of this subsection. 32C Reporting obligations relating to commencement caps (1) A provider to which section 32B applies must, within 3 months after the end of each calendar year, give to the ESOS agency a written report setting out: (a) the total number of commencements for the year; and (b) the total number of overseas student commencements for the year; and (c) any other information prescribed by the regulations.
(2) A provider contravenes this subsection if the provider fails to comply with subsection (1). Civil penalty: 120 penalty units. 32D Requirement to take corrective action (1) If the ESOS agency is satisfied that a provider has exceeded the commencement limit under section 32B, the ESOS agency may, by written notice, require the provider to take corrective action specified in the notice.
(2) Without limiting subsection (1), corrective action may include: (a) a prohibition on issuing new offers of enrolment to overseas students for a specified period; or (b) a reduction in the provider's maximum permissible overseas student enrolments for the following calendar year; or (c) any other action prescribed by the regulations. (3) A provider contravenes this subsection if the provider fails to comply with a notice under subsection (1).
Civil penalty: 120 penalty units. 32E Variation of cap — student housing expansion (1) A Table A provider may apply to the Minister for approval of a student housing expansion plan for the purposes of this section. (2) The Minister may, by written notice, approve the student housing expansion plan if satisfied that: (a) the provider has increased, or will increase, its supply of student accommodation above its baseline capacity; and (b) the increase is material and additional; and (c) the increase is adequate to support an expansion of international student commencements; and (d) the plan meets any requirements prescribed by the regulations.
(3) If the Minister approves a student housing expansion plan for a provider, the Minister may determine, in the approval notice, that the cap under subsection 32B(1) or (2) is increased to a higher percentage specified in the notice. (4) A determination under subsection (3): (a) must specify the percentage cap that applies to the provider, which must not exceed 30 per cent; and (b) must specify the period for which the increased cap applies; and (c) may be subject to conditions, including reporting obligations.
(5) In this section: baseline capacity means the number of student accommodation places supplied by the provider on the day this Division commences, or if the regulations prescribe another day, then on that other day. student housing expansion plan means a plan setting out proposed increases in student accommodation capacity, including any matters prescribed by the regulations. _____ SHEET 3548 (1)—Schedule 1, page 42 (after line 10), at the end of the Schedule, add: Part 12 — Linking student visas to principal course and provider Education Services for Overseas Students Act 2000 80 At the end of Part 3 Add: Division 4 — Linking student visas to principal course and provider 32G International student visa linked to principal course and provider (1) A registered provider must not issue a confirmation of enrolment to an overseas student unless the provider is the principal provider for the course to which the application for a student visa relates.
(2) An overseas student who is granted a student visa for a specified course at a specified registered provider must not enrol in a different course or with a different registered provider unless: (a) the student has completed the required study period prescribed by the regulations; and (b) the Secretary has approved the change in accordance with subsection (3); and (c) a new confirmation of enrolment has been issued.
(3) The Secretary may approve a change under paragraph (2)(b) only if satisfied that: (a) the change is genuine; and (b) the change does not pose a risk to the integrity of the international education sector; and (c) the student is not enrolling in a course of a lower level than the principal course, except as prescribed by the regulations; and (d) the receiving provider meets any requirements prescribed by the regulations.
(4) A confirmation of enrolment issued in contravention of this section is void. (5) A registered provider contravenes this subsection if it knowingly issues, accepts or relies upon a void confirmation of enrolment. Civil penalty: 300 penalty units.
(6) For the avoidance of doubt, this section applies in addition to (and not instead of) any standards or procedures under the national code. Note: This means, for example, that both the requirements in this section and any standards or procedures under the national code, such as the 6-month transfer restriction under standard 7 of the code, must be satisfied before an overseas student may change providers or courses. 32H Mandatory reporting of cessation of enrolment (1) A registered provider must notify the Secretary, in the approved form, within 5 business days if: (a) an overseas student fails to commence a course; or (b) an overseas student's enrolment in the principal course is cancelled or suspended.
(2) The Secretary must notify the Minister administering the Migration Act 1958 of any notification under subsection (1). 32J Visa effect of cancelled or void confirmation of enrolment (1) For the purposes of the Migration Act 1958, cancellation of the confirmation of enrolment for a principal course constitutes a ground for visa cancellation, unless a new valid confirmation of enrolment is issued within the period prescribed by the regulations.
(2) The regulations may prescribe: (a) the period within which a replacement confirmation of enrolment must be issued; (b) circumstances in which a replacement confirmation of enrolment may be issued; (c) any exceptions.