Education (Overseas Students) Act 2018

A person must not engage in conduct mentioned in subsection (2) involving the provision of a course at a location to an overseas student unless—

the person is the holder of a school provider approval to provide the course at the location to an overseas student; or

the person engages in the conduct under an arrangement with the holder of a school provider approval to provide the course at the location to an overseas student.Maximum penalty—200 penalty units.

For subsection (1), the conduct is—

providing a course at a location to an overseas student; or

making an offer to an overseas student or intending overseas student to undertake, or to apply to undertake, a course at a location; or

inviting an overseas student or intending overseas student to undertake, or to apply to undertake, a course at a location; or

holding out as able or willing to provide a course at a location to an overseas student.

A person does not commit an offence against subsection (1) if—

the person’s conduct was only for either or both of the following purposes—

carrying out surveys or other investigations to assess the demand for the course;

negotiating with another entity in connection with designing or developing the course; and

the person took reasonable steps to ensure overseas students and intending overseas students who were, or might become, interested in undertaking the course, and any entity who might also provide the course, were aware—

the person was not the holder of a school provider approval to provide the course at the location to an overseas student; and

the person was not engaging in the conduct under an arrangement with the holder of a school provider approval to provide the course at the location to an overseas student; and

the person neither invited nor accepted any amount for the course from overseas students or intending overseas students, or from students’ agents.