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ESOS Penalties

Section in the Act Definition of Breach Maximum Penalty
Subsection 8(2) Provision of education services to overseas students without active registration. Penalty: 2 years imprisonment.
Subsection 15(3.1) Subsection 27(3.2) Misleading or deceptive conduct during recruitment process.

Inability to provide programs to accepted students or to refund the program money.

Penalty: one or more conditions on the registration:
  • place a limit on the number of students
  • prohibit acceptance of students from a specified country
  • prohibit provision of a specified program
  • prohibit dealing with a specified agent
  • suspend the University’s registration
  • cancel the University’s registration
Subsection 19(3.1) Not providing information about changes to students’ enrolment within 14 days.

Not providing notice to DIAC about students who fail to meet academic requirements.

Penalty: 60 penalty units per event (value - $60/unit).
Subsection 20(3.1) Not sending a Non Compliance Notification letter to the student who fail to meet academic program requirements. Penalty: 60 penalty units per event.

 

Subsection 21(3.1) Not keeping student records. Penalty: 60 penalty units per each missing record.
Subsection 107(6.3) Failure to identify registered provider in written material. Penalty: 6 months imprisonment.
Subsection 108(6.3) Providing false and misleading information in relation to obligations of registered providers. Penalty:12 months imprisonment.
If you would like to have detailed information about ESOS Penalties please visit:  http://www.comlaw.gov.au/comlaw/Legislation/ActCompilation1.nsf/0/C5BCAA73058B8CF7CA2575240017A8B5?OpenDocument

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