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ESOS Legislation

The ESOS Acts and regulations set out the legal framework governing delivery of education to overseas students studying in Australia on a student visa.

The Australian Government, through the Department of Education, Employment and Workplace Relations (DEEWR) administers the ESOS Act and its associated instruments.

The ESOS Act and ESOS (Registration Charges) Act were amended with effect from 1 January 2007. Current versions of the ESOS legislation can be downloaded using the links below:

The Education Services for Overseas Students (ESOS) Act 2000 (as amended in 2007):

  • Registration process;
  • Obligations of registered providers;
  • ESOS Assurance Fund; and
  • Enforcement and compliance powers.         

Education Services for Overseas Students (ESOS) Regulations 2001: 

  • Student details that providers must record;
  • Amounts the provider can deduct when refunding student’s fees;
  • When a provider will be served an infringement notice; and
  • Operation of Tuition Assurance Schemes.

Education Services for Overseas Students (Registration Charges) Act 1997 (as amended in 2007:

  • Obliges providers to pay an annual fee to remain registered on CRICOS, the Commonwealth Register of Institutions and Courses for Overseas Students.

Education Services for Overseas Students (Assurance Fund Contributions) Act 2000:

  • Financial protection for students if their provider - or a substitute provider - cannot teach the course they have paid for; and
  • Imposes the requirement to pay annual contributions and special levies to the Assurance Fund.

Recent legislative amendments are explained in the following fact sheets:

Only education institutions registered under the ESOS Act and listed on CRICOS can enrol overseas students studying in Australia on a student visa. These registered providers have met the standards demanded by registering authorities at state/territory government level and the additional requirements of the ESOS Act and the National Code.