What changed in Australia's ESOS Act for 2026? The integrity amendments now in force
The changes in Australia's Education Services for Overseas Students Act 2000 (ESOS Act) that apply during 2026 come from a single amending law: the Education Legislation Amendment (Integrity and Other Measures) Act 2025 (Act No. 74 of 2025, register ID C2025A00074). It received Royal Assent on 4 December 2025, and Schedule 1 (items 1–51) commenced on 5 December 2025, so most of the amendments were already in force before 2026 started rather than switching on at the start of the year. This is taken from the compiled text of the Act published on the Australian Government Federal Register of Legislation, as of September 2026, and is general orientation to the statute rather than advice on any individual provider's or student's situation; the operative wording of the Act, and any requirements the relevant ESOS agency specifies, remain the authority.
When did the 2025 integrity amendments take effect?
Two dates matter, and they are one day apart. Royal Assent was given on 4 December 2025. Schedule 1, items 1 to 51, commenced on 5 December 2025 under section 2(1) item 1 of the amending Act.
The legislation history also records application, saving and transitional provisions attached to items 19, 22, 38, 43, 47 and 51 of Schedule 1. Those are the items that can affect how a change applies to something that was already underway when the amendment began, so they are worth reading alongside the provision itself rather than assuming every amendment applies identically to past and future events.
Which provisions did Act No. 74 of 2025 add or change?
The amendment history of the compiled Act records the changes at provision level. Read down the list, the 2025 Act both inserted new material and reworked existing obligations:
| Part of the ESOS Act | Provision | Change recorded for No. 74, 2025 |
|---|---|---|
| Part 1 | s 5 | Amended |
| Part 1 | ss 6BA, 6BB | Added |
| Part 1 | s 7A | Amended |
| Part 2 | s 8A, ss 9, 10, 10D, 10H, 10J, s 11 | Amended |
| Part 2 | Division 5 (ss 14C–14G) | Added |
| Part 3 | s 17A | Amended |
| Part 3 | s 21A | Amended |
| Part 3 | s 21B | Added |
| Part 4 | s 38 | Amended |
| Part 6 | ss 83A, 86 | Amended |
| Part 6 | ss 92A, 92B | Re-added (both were repealed by No. 9, 2012) |
| Part 6 | Division 1AB (ss 96B–96E) | Added |
| Part 6 | s 108 | Amended |
| Part 7 | s 132 | Amended |
| Part 7A | ss 169AB, 169AD, 169AF | Amended |
| Part 8 | ss 170, 175 | Amended |
| Part 8 | s 176E | Added |
The two structural additions are the ones most likely to be missed by anyone working from an older summary: a new Division 5 in Part 2 carrying sections 14C to 14G, and a new Division 1AB in Part 6 carrying sections 96B to 96E. Both were created by the 2025 Act, so neither appears in commentary written before December 2025.
What does the new section 21B actually require?
Section 21B is the commission-information provision, and it is worth reading closely because it is drafted as a power to request, not a standing reporting duty.
What can be asked for?
The Secretary may request a registered provider to give specified information about education agent commissions given by, or on behalf of, the provider to one or more education agents over a specified reporting period, in connection with the recruitment of the provider's accepted students.
The information may cover one or more of three things: the total amount in dollars given to each education agent; the value and description of non-monetary benefits given to each education agent; and the number of the provider's accepted students recruited by each education agent.
What must the request itself contain?
A request must be in writing, and must specify the reporting period, the day by which the information is to be given, the manner or form in which it is to be given (which can include requiring the information to be entered into the computer system established under section 109), and any documents that must accompany the information.
How much time does a provider get?
The day specified in the request must be at least 30 days after the request is given to the provider. A provider must comply before that day, or before any later day the Secretary allows. If the request says so, the provider must give the information by entering it into the section 109 computer system.
What happens if a provider does not comply?
Failing to comply is an offence carrying 60 penalty units, and it is an offence of strict liability — see section 6.1 of the Criminal Code for what strict liability means. Section 4K of the Crimes Act 1914, on continuing offences, does not apply to it. Separately, giving false or misleading information when complying, or purporting to comply, is an offence under section 108. A breach can also lead the provider's ESOS agency to take action under Division 1 of Part 6.
Does the 2025 Act change the agent list and notification rules?
Yes, and both provisions sit next to section 21B in the Act.
Section 21A, as amended, requires a registered provider to maintain a list of all of its education agents, publish that list on its website and in any other manner prescribed by the regulations, and comply with any requirements the regulations make for the purposes of subsection 21A(2). Failing to comply is an offence of 60 penalty units and is a strict liability offence.
Section 17A, as amended, requires a registered provider to notify its ESOS agency of any event that would significantly affect the provider's ability to comply with the Act, within 10 business days after the event occurs. It also requires notice of prospective changes to the ownership of the provider, as soon as practicable before the change takes effect, and of prospective or actual changes in relation to a related person of the provider — within 10 business days of the change taking effect if the change cannot be determined until it takes effect, and otherwise as soon as practicable before it takes effect. Such a notice must be accompanied by information on the new owner or related person so that a decision can be made under section 7A about whether the provider is fit and proper to be registered.
The provision also covers ownership and control links running in either direction between a provider and an education agent: the provider or an associate beginning to own or control an education agent; a change in the ownership or control of an education agent by the provider or an associate; an education agent, or an associate of that agent, beginning to own or control the provider; and a change in the ownership or control of the provider by an education agent or an associate. Notice of any of those events must be given within 10 business days after the event occurs, in the manner and form the ESOS agency specifies.
Because sections 21A(1)(b)(ii) and 21A(2) both point to the regulations, the detail of those obligations can be expanded later without another amendment to the Act: section 177 allows the Governor-General to make regulations prescribing matters required or permitted by the Act, or necessary or convenient for carrying it into effect.
How do you confirm you are reading the version currently in force?
The compiled Act on the Federal Register of Legislation carries endnotes that do this job. Endnote 3, the legislation history, lists every amending law with its assent date, commencement details and any application, saving or transitional provisions that are not reproduced in the compilation itself. Endnote 4, the amendment history, records changes at the individual provision level, including provisions that have been repealed.
Two other things in the endnotes are easy to misread. Editorial and presentational changes may be made when a compilation is prepared; they take effect from the compilation registration date and must not change the effect of the law. And where an amendment was misdescribed and cannot be given effect as intended, it is not incorporated and is marked "(md not incorp)" in the amendment history.
Frequently Asked Questions
Did the ESOS Act changes begin on 1 January 2026?
No. Act No. 74 of 2025 received Royal Assent on 4 December 2025 and its Schedule 1, items 1 to 51, commenced on 5 December 2025. The amendments were therefore already operating when 2026 began.
What is section 21B for?
It lets the Secretary request a registered provider to give specified information about education agent commissions paid or given to one or more agents over a specified reporting period, in connection with recruiting the provider's accepted students. The duty to respond sits on the provider, not on the agent.
What kind of commission information can be requested?
The Act lists three possibilities: the total dollar amount given to each education agent, the value and description of non-monetary benefits given to each agent, and the number of accepted students recruited by each agent.
How long does a provider have to respond?
The request must specify a due day, and that day must be at least 30 days after the request is given. A provider must comply before that day, or before any later day allowed by the Secretary.
What are the consequences of not complying with section 21B?
Failure to comply is a strict liability offence with a penalty of 60 penalty units. Providing false or misleading information is a separate offence under section 108, and the provider's ESOS agency may also take action under Division 1 of Part 6.
Are more changes still possible without another amendment to the Act?
Yes. Section 21A points to requirements that may be prescribed by regulations, and section 177 is the Act's general regulation-making power. Any such requirements appear in the regulations rather than in the Act's text.
Where can I check whether a provision has since been amended?
Check endnote 4 (amendment history) of the compiled Act on the Federal Register of Legislation, which records provision-level additions, amendments, repeals and substitutions, together with the amending Act number and year.
References
- Australian Government Federal Register of Legislation — Education Services for Overseas Students Act 2000, section 21B: giving information about education agent commissions
- Australian Government Federal Register of Legislation — Education Services for Overseas Students Act 2000, section 21A: obligations relating to the education agents of registered providers
- Australian Government Federal Register of Legislation — Education Services for Overseas Students Act 2000, section 17A: registered providers must notify their ESOS agency of certain other events
- Australian Government Federal Register of Legislation — Education Services for Overseas Students Act 2000, section 177: regulations, and endnotes (legislation history and amendment history)