Commonwealth Consolidated Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 19

  (1)   A registered provider must give the following information within the applicable number of days after the event specified below occurs:

  (a)   the name and any other prescribed details of each person who becomes an accepted student of that provider;

  (b)   for each person who becomes an accepted student--the name, starting day and expected duration of the course for which the student is accepted;

  (c)   the prescribed information about an accepted student who does not begin his or her course when expected;

  (d)   any termination of an accepted student's studies (whether as a result of action by the student or the provider or otherwise) before the student's course is completed;

  (e)   any change in the identity or duration of an accepted student's course;

  (f)   any other prescribed matter relating to accepted students.

  (1A)   The applicable number of days is:

  (a)   if the accepted student is less than 18 years old and the information is of a kind referred to in paragraph   (1)(c) or (d)--14 days; or

  (b)   otherwise--31 days.

  (2)   A registered provider must give particulars of any breach by an accepted student of a prescribed condition of a student visa as soon as practicable after the breach occurs.

  (2A)   A registered provider must give particulars of a breach by a student under subsection   (2) even if the student has ceased to be an accepted student of the provider.

  (3)   A registered provider must give the information required by this section by entering the information in the computer system established by the Secretary under section   109.

Note 1:   If a registered provider breaches this section, the ESOS agency for the provider may take action under Division   1 of Part   6 against the provider.

Note 2:   It is an offence to provide false or misleading information in complying or purporting to comply with this section: see section   108.

Unincorporated registered providers

  (4)   If the registered provider is an unincorporated body, then it is instead the principal executive officer of the provider who must give the information as required under this section.

  (5)   A registered provider, or the principal executive officer of a registered provider that is an unincorporated body, who fails to comply with this section commits an offence.

Penalty:   60 penalty units.

  (6)   An offence under subsection   (5) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .