Can Australia pause new CRICOS registrations in 2026, and for how long?

Plain-language guide · general information, not immigration advice

Yes. Under the Education Services for Overseas Students Act 2000 (ESOS Act), the Minister may suspend both the processing and the making of CRICOS registration applications by legislative instrument — but the day the suspension runs to cannot be more than 12 months after the instrument commences. This follows the text of the Education Services for Overseas Students Act 2000 (C2004A00757) published on the Federal Register of Legislation, as of September 2026. That register text sets out the power itself; it is not a notice that any particular suspension is currently operating.

Which CRICOS applications can be suspended, and under which section?

There are four separate tools, and they split along two lines: what is affected (a new registration, or adding courses to an existing registration) and how hard the suspension bites (processing only, or the application itself).

What is affected	Provision	What the instrument does	Maximum window
Applications for registration under s 9 (new registration to provide a course or courses at a location or locations)	s 14C(1)–(4)	The ESOS agency is not required to deal with the application, or — under a separate instrument — must not do any processing activity	Not more than 12 months after the instrument commences
Applications under s 10H (a registered provider adding one or more courses at one or more locations)	s 14D(1)–(4)	Same not-required / must-not processing options	Not more than 12 months after the instrument commences
Making of applications under s 9	s 14E	No applications may be made until after the specified day; an application made in the window and covered by the instrument is invalid	Not more than 12 months after the instrument commences
Making of applications under s 10H	s 14F	Same — the application is invalid	Not more than 12 months after the instrument commences

So the answer to "can registrations be paused" is not a single switch. A fresh provider seeking CRICOS registration sits under ss 14C and 14E; an already-registered provider trying to add a course to its registration sits under ss 14D and 14F.

What is the maximum length of a suspension?

Twelve months, counted per instrument. Subsections 14C(5), 14D(5), 14E(3) and 14F(3) each use the same formula: the day specified in the instrument must not be more than 12 months after the day the instrument commences. The suspension window therefore has two fixed markers — the commencement day and the specified day — and the gap between them cannot legally exceed 12 months.

That cap is a ceiling on the specified day, not a mandatory minimum. An instrument can point to any date inside that range, which is why the actual length is only knowable by reading the instrument itself rather than the Act.

How does a suspension instrument actually take effect?

It works by legislative instrument, not by departmental announcement. The Minister determines a specified day; between the instrument's commencement and that day, the agency's obligation (or the applicant's ability to lodge) changes as set out above. Three mechanics matter most in practice:

It can reach backwards. Under ss 14C(6)(b) and 14D(6)(b), an instrument may be expressed to apply to applications made before or after the instrument commences — and even to applications made before or after the commencement of the section itself. An application already sitting in the queue is not automatically grandfathered.
It can be narrowed by class. An instrument may apply to all applications under the relevant section, or to one or more classes of applications (ss 14C(6)(a), 14D(6)(a), 14E(4), 14F(4)). A suspension can therefore target a category rather than the whole register.
It is not subject to disallowance. Section 42 (disallowance) of the Legislation Act 2003 does not apply to instruments made under these provisions (ss 14C(8), 14D(8), 14E(6), 14F(6)). They can also incorporate other instruments or writings as in force from time to time, despite subsection 14(2) of the Legislation Act 2003.

Does the Minister have to consult anyone first?

Yes, but a missed consultation does not undo the instrument. Section 14G(1) requires the Minister, before making an instrument under s 14C, 14D, 14E or 14F, to consult TEQSA, the National VET Regulator, the Secretary, and any other entity the Minister has determined to be an ESOS agency for that provider or registered provider. Section 14G(2) then states plainly that a failure to consult does not affect the instrument's validity. Separately, if the Minister does not administer the National Vocational Education and Training Regulator Act 2011, an instrument cannot be made without the written agreement of the Minister who does (s 14G(3)).

What does this mean if a course or provider is waiting on approval?

Assume a provider has lodged an application to add a course, and the Minister has made a s 14D instrument covering that class of application. The agency is then either relieved of any duty to process it (s 14D(1)–(2)) or barred from processing it (s 14D(3)–(4)) until the specified day — the application is not refused, it simply does not move. If instead a s 14F instrument is in force, the position is harsher: an application made inside the window and covered by the instrument is invalid under s 14F(2), meaning the act of lodging does not produce a valid application at all.

Which of those applies depends entirely on the instrument's terms, not on the Act's existence. The published Act text does not carry processing times, fees or decision statistics for these applications, so any timeline estimate has to come from the relevant departmental or regulator publication rather than from the legislation.

This is general information about how the statutory power works, not guidance on any specific application, provider or enrolment decision; for a particular situation, rely on the official instrument and current official guidance rather than on this summary.

Frequently Asked Questions

Can Australia pause new CRICOS registrations in 2026?

Yes, the legal power exists. Sections 14C to 14F of the ESOS Act allow the Minister to suspend the processing of registration applications, or the making of them, by legislative instrument. Whether a suspension is actually in force at any given time is a separate question answered only by the instrument itself.

What is the longest a suspension can run?

Twelve months. In each of ss 14C(5), 14D(5), 14E(3) and 14F(3), the day specified in the instrument must not be more than 12 months after the instrument commences. The limit applies to each instrument individually.

Does a suspension catch applications that were already lodged?

It can. Sections 14C(6)(b) and 14D(6)(b) let an instrument apply to applications made before or after the instrument commences, including applications made before the section itself commenced. Whether a pending application is caught depends on how that particular instrument is expressed.

What is the difference between suspending processing and suspending the making of applications?

Suspending processing (ss 14C, 14D) changes what the ESOS agency must or need not do with an application that has been made; suspending the making of applications (ss 14E, 14F) goes further and makes an application lodged within the covered window invalid. The first leaves an application in place but frozen; the second means there is no valid application to process.

Can an existing provider's new courses be caught as well?

Yes. Sections 14D and 14F are directed at applications under s 10H, by which a registered provider applies to add one or more courses at one or more locations to its registration. A provider already on the register is within scope of the suspension powers, not only first-time applicants.

Can Parliament disallow one of these instruments?

The disallowance mechanism in section 42 of the Legislation Act 2003 is expressly switched off for them. Sections 14C(8), 14D(8), 14E(6) and 14F(6) each state that section 42 does not apply to a legislative instrument made under the relevant subsection.

Does the Minister need sign-off from anyone before making an instrument?

Consultation is required with TEQSA, the National VET Regulator, the Secretary and any other determined ESOS agency, but s 14G(2) provides that failing to consult does not invalidate the instrument. Where the Minister does not administer the National Vocational Education and Training Regulator Act 2011, the written agreement of the Minister who does is required before an instrument can be made.