Education agent lists and commission reporting under ESOS in 2026

Under the Education Services for Overseas Students Act 2000 (ESOS Act), a registered provider must keep a list of every education agent it uses and publish that list on its website, and the Secretary may require the provider to report commissions paid to those agents — with at least 30 days to respond. As of September 2026, these requirements are set out in sections 21A and 21B of the ESOS Act text on the Federal Register of Legislation.

What must a registered provider do about its education agents?

Section 21A(1) sets three linked duties. A registered provider must maintain a list of all of its education agents, publish that list on its website, publish it in any other manner prescribed by the regulations, and comply with any requirements made by regulations under subsection 21A(2).

The duty attaches to the provider, not to the agent. Section 21A(2) leaves room for the regulations to prescribe further requirements in relation to education agents, so the statute text and the regulations have to be read together; where the two interact, the latest official text is the controlling version.

What happens if the list is missing or out of date?

Failing to comply with subsection 21A(1) is an offence carrying a penalty of 60 penalty units, and subsection 21A(1B) makes it a strict liability offence. Strict liability means the prosecution does not have to prove the provider intended to breach the rule — the failure itself is enough.

The consequences are not only criminal. A note to section 21A states that where a provider breaches the section, the ESOS agency for that provider may take action under Division 1 of Part 6 of the Act. So a missing or stale agent list can trigger both a penalty and regulatory action against the provider's registration.

Who can demand commission information, and what can it cover?

Section 21B(1) gives the Secretary the power to request a registered provider to give specified information about, or in relation to, education agent commissions. The commissions covered are those given by, or on behalf of, the provider to one or more education agents over a specified period (the reporting period), in connection with the recruitment of accepted students of the provider.

Subsection 21B(3) lists what the requested information may relate to, without limiting the general power:

What can be requested	Section 21B(3) wording
Cash paid to each agent	The total amount in dollars given to each education agent
Non-cash benefits	The value and description of non-monetary benefits given to each education agent
Recruitment volume	The number of accepted students of the provider recruited by each education agent

The inclusion of non-monetary benefits matters in practice: reportable value is not limited to money transferred. Benefits that have a describable value — and the description of what they were — fall within the scope of a request.

What must the request itself contain?

Section 21B(2) constrains how the Secretary makes the request. It must be in writing, specify the reporting period, specify the day by which the information is to be given, specify the manner or form in which the information is to be given, and specify any documents that must accompany the information.

The "manner or form" limb expressly includes requiring the provider to enter information into the computer system established under section 109 of the Act, and subsection 21B(6) confirms that where the request specifies it, the provider must supply the information by entering it into that system.

How long does a provider have to answer?

Subsection 21B(4) sets the floor: the day specified for giving the information must be at least 30 days after the request is given to the provider. That is a minimum, not a target — the request can allow longer.

Under subsection 21B(5), the provider must comply before the day specified in the request, or before any later day allowed by the Secretary. An extension therefore has to come from the Secretary rather than being assumed.

What are the penalties for not answering, or for answering wrongly?

Failing to comply with subsection 21B(5) is an offence with a penalty of 60 penalty units, and subsection 21B(8) makes it strict liability. As with the list obligation, a note to section 21B records that the ESOS agency may take action under Division 1 of Part 6 against a provider that breaches the section.

Separately, a note to section 21B points to section 108: it is an offence to provide false or misleading information in complying, or purporting to comply, with the section. Inaccurate figures are not a safe substitute for no figures. Subsection 21B(9) also disapplies section 4K of the Crimes Act 1914 (continuing offences), which affects how the offence is charged over time.

Assume a provider is asked for a calendar-year commission report and submits numbers that omit an incentive paid to agents in the form of travel or equipment: because subsection 21B(3)(b) covers the value and description of non-monetary benefits, an incomplete non-cash disclosure is a live risk under both sections 21B(5) and 108.

Where does the National Code fit in?

Section 38 of the ESOS Act requires the national code to contain some or all of a listed set of matters, which is where provider-facing standards come from. Relevantly, these include standards and procedures required of registered providers in providing courses to overseas students (s 38(b)), standards required of registered providers in connection with their dealings with education agents (s 38(d)), standards and procedures for making agreements with overseas students or intending overseas students (s 38(g)), standards for the content of those agreements (s 38(h)), and any other matters necessary or convenient to give effect to the purpose of the national code (s 38(i)).

That structure explains why the Act itself stays short on detail: sections 21A and 21B set the duties and penalties, while the national code and regulations carry the operational standards.

Frequently Asked Questions

Does every registered provider have to publish its education agent list?

Yes. Section 21A(1)(a) and (b) require a registered provider to maintain a list of all of its education agents and publish that list on its website. The list covers all the provider's education agents, not only those active in a particular intake or country.

Is publishing on the provider's website enough on its own?

The website is mandatory but may not be the whole obligation. Section 21A(1)(b)(ii) also requires publication in any other manner prescribed by the regulations, so the current regulations should be checked to see whether additional publication channels apply.

Who has the power to require commission information?

The Secretary may make the request under section 21B(1). It must be in writing and must specify the reporting period, the due day, the manner or form of the response, and any accompanying documents.

Can the request cover non-cash benefits as well as money?

Yes. Section 21B(3) expressly includes the total amount in dollars given to each agent, the value and description of non-monetary benefits given to each agent, and the number of accepted students recruited by each agent, and states that this list does not limit the general power.

What is the minimum time a provider gets to respond?

At least 30 days. Section 21B(4) requires the specified due day to be at least 30 days after the request is given, and section 21B(5) allows compliance by a later day only if the Secretary allows it.

What if a provider submits incorrect commission figures?

Providing false or misleading information in complying, or purporting to comply, with section 21B is an offence under section 108 of the Act. Non-compliance with the request itself carries 60 penalty units and is a strict liability offence.

Can a provider argue it did not mean to breach the rules?

Intent is not the issue for these offences. Sections 21A(1B) and 21B(8) both make the offences strict liability, so a failure to comply can be established without proving the provider meant to breach the section.