Is it a crime in Australia to promote a course without CRICOS registration in 2026?

Plain-language guide · general information, not immigration advice

Yes. Under section 8 of the Education Services for Overseas Students Act 2000 (ESOS Act), it is an offence to provide, offer, invite an intending overseas student to undertake, or hold yourself out as able to provide a course at a location for which you are not registered to deliver that specific course — with a maximum penalty of imprisonment for 2 years, according to the Federal Register of Legislation page for the ESOS Act 2000, section 8, checked against the September 2026 version of the official text. The common belief that nothing illegal happens until teaching starts is wrong: only one of the four prohibited acts involves actually delivering the course. This article is general information drawn from the legislation itself, not advice about any individual situation, and anyone dealing with a concrete case should work from the official text and qualified professional advice.

What exactly does section 8 of the ESOS Act prohibit?

Section 8(1) sets out four separate behaviours. A person commits the offence if they do any one of them and they are not registered to provide that particular course at that particular location.

Behaviour in section 8(1)(a)	What triggers it	Who it is directed at
(i) Providing a course	Delivering the course at a location	An overseas student
(ii) Making an offer to provide a course	Offering to deliver it to that student	An overseas student or an intending overseas student
(iii) Inviting	Inviting them to undertake, or apply to undertake, the course	An overseas student or an intending overseas student
(iv) Holding out	Representing yourself as able or willing to provide the course	Overseas students generally

The second element matters as much as the first. The person must not be registered for that particular course at that particular location. Registration is granular, and being registered for something else does not cover it.

Do classes actually have to start before it is an offence?

No. This is the clearest misconception to put aside. Subparagraphs (ii), (iii) and (iv) are completed by communication, not delivery.

An offer is made when the offer is communicated to an overseas student or intending overseas student, whether or not anyone accepts.
An invitation covers inviting someone to undertake the course or to apply to undertake it — an invitation to apply sits inside the offence, so a "we'll be accepting enrolments soon" message can qualify.
Holding out covers representing yourself as able or willing to provide the course to overseas students; no contract, payment or timetable is required.

All of these limbs sit under the same subsection and therefore attract the stated penalty of imprisonment for 2 years. Assuming a business has done nothing wrong because "no cohort ever enrolled" therefore misreads the section: the risk attaches at the promotional stage.

Who counts as a "provider" under this law?

Section 6E defines a provider broadly, which is why the offence reaches more than universities and colleges. A provider is:

a registered higher education provider;
a registered VET provider;
an approved school provider;
a person or entity that provides an ELICOS or a Foundation Program; or
another person or entity that provides, or seeks to provide, courses to overseas students.

That last category is the one that catches new entrants. "Seeks to provide" appears in the definition itself, so intending to enter the market is part of what makes a body a provider. Section 6E(2) allows the Minister, by legislative instrument, to specify a person or entity for the purposes of that paragraph.

Can an already-registered provider commit this offence?

It can, because registration is tied to individual courses and individual locations. The guide in section 8A states the requirement plainly: a person who provides a course at a location to an overseas student must be registered to provide that course at that location, or act under an arrangement with a provider who is registered to do so. Section 8A also records that it is an offence for a registered provider to offer courses, or hold itself out as able to provide a course, to overseas students without being appropriately registered or acting under an appropriate arrangement.

A labelled hypothetical makes the boundary concrete. Assume a provider registered to deliver a diploma at its Melbourne campus advertises the same diploma at a newly opened Perth site. Even though the provider holds a registration, the question under section 8 is whether that course at that location is covered — and a registration covering one campus does not silently extend to the other.

Where two or more providers jointly provide a course, Note 1 to section 8 says only one of them needs to be registered.

When is the conduct not an offence?

There are two carve-outs, and each has conditions attached.

Acting under an arrangement (section 8(2)). Subsection (1) does not apply if the provision, offer, inviting or holding out is in accordance with an arrangement the person has with a registered provider for that particular course for that particular location. Note 3 records that a defendant bears an evidential burden on this point, referring to subsection 13.3(3) of the Criminal Code.

The exception comes with obligations. Note 2 states that a provider of a course who is not registered must identify the registered provider in any written material promoting the course (section 107) and must not engage in misleading or deceptive conduct in relation to the course (subsection 83(2)).

Demand surveys and course development (section 8(3)). This defence is narrower than people expect: it applies only to limb (iv), holding out. It requires all three of the following:

The conduct was only for carrying out surveys or other investigations to assess demand for the course, and/or negotiating with another institution, body or person about designing or developing the course.
The person took reasonable steps to ensure that interested overseas students and intending students — and any other institution, body or person who might also provide the course — were aware that the person was not a registered provider for the course at that location, and that the conduct was not carried out under an arrangement with a registered provider.
The person neither invited nor accepted any amount for the course from overseas students or intending overseas students, or from the students' agents.

A defendant also bears an evidential burden in relation to subsection (3). In practice, the third condition is the one that ends many "we were only testing the market" arguments: asking interested students to pay anything removes the defence.

What sits behind the offence in the rest of the Act?

Section 8 is the enforcement point of a registration system described in the section 8A guide:

Division 3 provides for registration by the ESOS agency for a provider. A provider may be registered for a period of up to 7 years to provide one or more courses at one or more locations to overseas students if it meets the registration requirements, and conditions may be imposed on the registration and later varied or revoked. Division 3 also covers renewal of registration, adding one or more courses at one or more locations to a registration, and extending or continuing registration periods in certain circumstances.
Division 4 requires the Secretary to cause a Register to be kept containing specified information about the registration of all registered providers, and to ensure it is kept up to date.
Division 5 provides for the Minister to suspend the making or processing of applications for registration, or the addition of courses to a registration.

The Register in Division 4 is where the registration that section 8 depends on is recorded — with concerns down to the level of each course and each location, rather than the provider as a whole. Registration rules change over time and are subject to Ministerial suspension powers, so any specific registration status should be read against the most recent official publication.

Frequently Asked Questions

Is simply advertising a course without CRICOS registration illegal in Australia?

Advertising can be an offence in its own right, because section 8(1)(a)(iv) covers holding yourself out as able or willing to provide a course to overseas students. The remaining question is whether the person is registered to provide that particular course at that particular location.

What is the penalty under section 8 of the ESOS Act?

The penalty stated in section 8(1) is imprisonment for 2 years. It applies to each of the four behaviours listed — providing, offering, inviting, and holding out — rather than only to actually teaching a class.

Does it matter if no student ever enrolled or paid?

For limbs (ii), (iii) and (iv), the conduct is complete once the offer is made, the invitation extended, or the representation published. Enrolment and payment are not elements of those limbs. Taking money does, however, defeat the survey defence in section 8(3), which requires that no amount was invited or accepted for the course.

Can a CRICOS-registered provider commit this offence?

Yes. The requirement in section 8A is registration for the specific course at the specific location, and it is also an offence for a registered provider to offer a course or hold itself out as able to provide one without being appropriately registered or acting under an appropriate arrangement. A registration covering one campus or one course does not automatically cover another.

Is there a defence for doing market research before launching?

Section 8(3) provides one, but only for holding out, and only if the conduct was limited to demand surveys or course-design negotiations, the person took reasonable steps to disclose it was unregistered and acting without an arrangement, and no payment was invited or accepted. A defendant bears an evidential burden on these matters.

If two providers deliver a course together, do both need to be registered?

No. Note 1 to section 8 states that where two or more providers jointly provide a course, only one needs to be registered. The unregistered partner may still need to identify the registered provider in written promotional material under section 107 and avoid misleading or deceptive conduct under subsection 83(2).