Misleading course promotion by a delivery partner: sanctions in 2026

Yes — in 2026 a registered provider can be sanctioned for misleading promotion carried out by its delivery partner. According to the Education Services for Overseas Students Act 2000 (ESOS Act) on the Federal Register of Legislation (legislation.gov.au), as of September 2026, section 83(2) allows the ESOS agency to take action against a registered provider for a course if the agency believes on reasonable grounds that a provider providing the course with the registered provider is engaging, or has engaged, in misleading or deceptive conduct in connection with recruiting overseas students or intending overseas students to the course, or providing the course to overseas students. The actions available under section 83(3) are imposing conditions on the registration, suspending the registration, or cancelling the registration, in each case for specified courses and locations. This article is general information only and is not personalised advice; the official text on the Federal Register of Legislation remains the authoritative source, and any specific recruitment or enrolment situation should be confirmed against the current official wording and, where appropriate, advice from a suitably qualified professional.

Who is the “delivery partner” in a joint course arrangement?

Section 8A of the ESOS Act sets the basic rule: a person who provides a course at a location to an overseas student must be registered to provide that course at that location, or must do so in accordance with an arrangement with a provider who is registered for that course and location. Section 8(1) makes it an offence, punishable by imprisonment for 2 years, for a person to provide a course, offer to provide it, invite an overseas student or intending overseas student to undertake it, or hold itself out as able or willing to provide it, without being registered for that particular course at that particular location.

The joint-delivery exception is in section 8(2): the offence does not apply if the conduct is in accordance with an arrangement the person has with a registered provider for that particular course for that particular location. Note 1 to section 8 then explains that if two or more providers jointly provide a course, only one of the providers needs to be registered. The provider that is not registered but is delivering the course under that arrangement is the “delivery partner” in everyday terms — the statute describes it in section 83(2) as “a provider that is providing the course with the registered provider.” 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.

What must the non-registered partner disclose, and what conduct is prohibited?

Note 2 to section 8 places two duties on a provider of a course who is not registered. First, it must identify the registered provider in any written material promoting the course, with the Act cross-referring to section 107. Second, it must not engage in misleading or deceptive conduct in relation to the course, with the Act cross-referring to subsection 83(2).

In practice, the joint-delivery model is permitted, but the unregistered side of the partnership cannot remain silent about which entity actually holds the registration, and it cannot recruit or promote through misleading or deceptive claims. If it does, the registered provider becomes exposed to sanction under section 83(2) even though the registered provider may not have made the statement itself. The promotional material therefore has a compliance purpose: naming the registered provider tells the reader who carries the registration that can be suspended or cancelled.

What sanctions can the ESOS agency impose, and how far do they reach?

Where the section 83(2) ground is made out, section 83(3) lists the actions the ESOS agency may take against the registered provider’s registration. Section 93 sets out the procedure for taking that action.

Available action	Scope of the action	Provision
Impose conditions on the registration	Either generally or for any specified course or location	s 83(3)(a); see s 86
Suspend the registration	For any specified course or location	s 83(3)(b); see s 95
Cancel the registration	For any specified course or location	s 83(3)(c)

A point that matters for readers is section 83(4): the agency may take action against the provider’s registration for a particular course for a location even if the conduct, or the situation, that led to the action does not relate to that particular course. A delivery partner’s misleading recruitment connected to one course can therefore lead to conditions, suspension or cancellation that reach another course or location on the same registration.

What if the partner promotes the course before any arrangement is in place?

Section 8(3) provides a narrow defence for conduct that consists only of holding oneself out as able or willing to provide a course. The defence applies only where the relevant conduct was solely for carrying out surveys or other investigations to assess demand for the course, or for negotiating with another institution, body or person in connection with designing or developing the course.

Even in that situation, the person must have taken reasonable steps to ensure that overseas students and intending overseas students who were or might become interested, and any institution, body or person who might also provide the course, were aware that the person was not a registered provider for the course for the location and that the conduct was not carried out under an arrangement with a registered provider. The person must also neither have invited nor accepted any amount for the course from overseas students, intending overseas students, or the students’ agents. A defendant bears an evidential burden on these matters under subsection 13.3(3) of the Criminal Code. Outside that defence, promoting or providing a course without registration — and without a current arrangement — remains an offence under section 8(1), subject to imprisonment for 2 years.

Why does this matter for the registered provider’s registration status?

Registration is what allows a course to be provided to overseas students at a location. Under section 8A, the guide to the Part records that a provider may be registered for a period of up to 7 years to provide one or more courses at one or more locations if it meets the registration requirements, and that conditions may be imposed, varied or revoked. 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 that the Register is kept up to date.

If the ESOS agency suspends or cancels registration for a course at a location, the provider is no longer registered to provide that course to overseas students at that location, and the Register is the record that reflects the provider’s current registration. For a reader, the practical consequence is that the registered provider named in promotional material — which the non-registered partner is required to identify — is the entity whose registration is put at risk when recruitment is misleading.

Frequently Asked Questions

Can a registered provider be sanctioned if the misleading statement came from its delivery partner?

Yes. Section 83(2) allows the ESOS agency to act against the registered provider for a course if it believes on reasonable grounds that a provider providing the course with the registered provider is engaging, or has engaged, in misleading or deceptive conduct in connection with recruitment or provision. The registered provider does not have to be the one that made the statement.

Does the delivery partner need its own registration?

No. Note 1 to section 8 states that where two or more providers jointly provide a course, only one needs to be registered. The non-registered partner can lawfully provide or promote the course if it does so under an arrangement with the registered provider for that particular course and location.

What written information must the non-registered partner include in promotional material?

Note 2 to section 8 requires the non-registered provider to identify the registered provider in any written material promoting the course, with further provision made in section 107. This is what allows a reader to see which entity actually holds the registration for that course and location.

What sanctions can follow from a partner’s misleading recruitment?

The ESOS agency may impose conditions on the registered provider’s registration, suspend the registration, or cancel the registration, in each case for specified courses and locations under section 83(3). The section 83(2) ground does not require the registered provider to have breached the Act itself.

Can a sanction affect a course that was not involved in the misleading conduct?

Yes. Section 83(4) allows the agency to take action against the provider’s registration for a particular course for a location even if the conduct or situation that led to the action does not relate to that particular course.

Is misleading promotion by an unregistered partner always a criminal offence?

Promoting or providing a course without registration is an offence under section 8(1), punishable by imprisonment for 2 years, unless the conduct is under an arrangement with a registered provider or a defence applies. Where an arrangement exists, the partner’s duty not to engage in misleading or deceptive conduct is enforced through the registered provider’s exposure to sanction under section 83(2) rather than through that offence.