Education Services for Overseas Students (ESOS Agency – ELICOS and Foundation Programs) Determination 2026

Contents

1 Name #

This instrument is the Education Services for Overseas Students (ESOS Agency – ELICOS and Foundation Programs) Determination 2026.

(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	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Note: This table relates only to the provisions of this instrument as originally made.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 6C(2) of the Education Services for Overseas Students Act 2000.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5 Definitions #

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

(e) registered provider;

(f) registered VET provider.

In this instrument:

Act means the Education Services for Overseas Students Act 2000.

entry arrangement means an arrangement between:

(a)the provider of an ELICOS; and

(b)a registered higher education provider,

under which overseas students undertake an ELICOS delivered by the provider described in paragraph (a) for entry to a higher education course, or Foundation Program, delivered by the provider described in paragraph (b).

6 ESOS agency – ELICOS #

For the purposes of item 4 in the table in subsection 6C(1) and subsection 6C(2) of the Act, the ESOS agency for a provider or registered provider, to the extent that the provider or registered provider is a person or entity that provides an ELICOS, is as follows:

(a)if the provider or registered provider is a registered higher education provider – TEQSA;

(b)if the provider or registered provider is a registered VET provider – the National VET Regulator;

(c)if the provider or registered provider is an approved school provider – the Secretary;

(d)if the provider or registered provider:

(i)is not a person or entity mentioned in paragraph (a), (b) or (c); and

(ii)provides an ELICOS under an entry arrangement;

TEQSA;

(e)in any other case – the National VET Regulator.

7 ESOS agency – Foundation Programs #

Education Services for Overseas Students (ESOS Agency – ELICOS and Foundation Programs) Determination 2016 #

1 The whole of the instrument

Repeal the instrument.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.