Applying to extend the 12-month measurement period: the 90-day deadline in 2026

A registered provider that wants to extend the 12-month measurement period must apply to its ESOS agency at least 90 days before that period would otherwise end, using any form the agency has approved. Section 92B of the Education Services for Overseas Students Act 2000 (ESOS Act 2000) also allows the agency to grant an extension more than once, provided all extensions together total no more than 12 months. This reflects the official text of the Act published on legislation.gov.au.

What is the measurement period that an extension applies to?

The measurement period is the 12-month window described in section 92A(1)(b): a period of 12 consecutive months beginning on or after 1 January 2026, during which a registered provider does not provide any courses at any location to any overseas students.

Section 92A applies only where two conditions are met. First, the provider must not be an approved school provider. Second, across that full 12-month stretch, the provider must have provided no courses to overseas students at any location. On the face of the text, the trigger is absolute: a single course delivered to overseas students at one location during the window means the condition is not met.

If both conditions hold, section 92A(2) provides that — subject to section 92B — the provider's registration is cancelled for all courses at all locations at the end of the measurement period, by force of the subsection itself. The ESOS agency must then give the provider written notice of the cancellation, and, where the agency is not the Secretary, notify the Secretary as well. A note to the section records that the Secretary must cause the Register to be altered when a provider's registration is cancelled (section 14B).

How early does the application have to be lodged?

Section 92B(2) is the hard timing rule: an application must be made at least 90 days before the measurement period would otherwise end. Ninety days is a floor, not a comfortable target — it is the latest point at which the application can still be validly made.

Suppose a measurement period would otherwise end on 30 June 2027. Applying in May or June 2027 would miss the deadline entirely; the material has to be with the agency by early April 2027 at the latest. Providers preparing an application are therefore working back from a date up to twelve months out, and the 90-day rule compresses the usable preparation time considerably.

Is there a prescribed form, and who decides the application?

Section 92B(3) requires the application to be in a form (if any) approved by the ESOS agency for the provider. The wording "(if any)" matters: the Act does not itself set out a form, and instead ties the requirement to whatever form the individual agency has approved.

Section 92B(4) gives the decision to the ESOS agency for the provider, and any extension must be given in writing. Two consequences follow. The agency's decision is discretionary — the subsection says it "may" extend, so lodging an application does not oblige the agency to grant one. And because the form requirement runs through the agency, the practical question of what to lodge is settled by that agency's own current requirements rather than by the Act.

This is general information about how the legislation reads, not advice on any particular provider's position, and where a provider needs to rely on a specific outcome the operative text is the Act itself together with the ESOS agency's current published requirements.

Can a provider apply more than once, and how long can extensions run?

Yes. Section 92B(5) states expressly that the ESOS agency may extend a measurement period in relation to a registered provider more than once. Section 92B(6) then sets the ceiling: the total period of all extensions must not exceed 12 months.

Taken together, the two figures mean the longest possible run under these provisions is 24 months from the start of the measurement period — the original 12 months plus a maximum of 12 months of extensions. There is no limit in section 92B on the number of applications, only on their combined duration, so a provider could in principle seek several shorter extensions rather than one long one.

Requirement	What section 92B says
Who applies	The registered provider, to its ESOS agency
Deadline	At least 90 days before the measurement period would otherwise end
Form	Any form (if any) approved by that ESOS agency
Repeat applications	Permitted — the agency may extend more than once
Total extensions	Must not exceed 12 months in total
Form of decision	In writing, at the agency's discretion

What happens if no extension is in place when the period ends?

The cancellation in section 92A(2) operates by force of the subsection, so it is not a penalty the agency decides to impose at a hearing. It takes effect at the end of the measurement period, and it reaches every course at every location, not only the dormant ones.

The extension in section 92B is the only mechanism within these provisions that moves that end date. An extension granted late — or not at all — leaves the original end date standing, and the agency's obligation to give written notice, and to notify the Secretary where the agency is not the Secretary, is triggered once cancellation has occurred.

Neither section 92A nor section 92B sets out a processing time for an application, a fee, or a review process for a refusal, so those points have to be taken from the agency's own published arrangements and any other applicable provisions.

Frequently Asked Questions

How early does a provider have to apply to extend the measurement period?

At least 90 days before the measurement period would otherwise end, under section 92B(2) of the ESOS Act 2000. Ninety days is the minimum lead time, so lodging later than that does not meet the requirement. The deadline is measured against the end date applying at the time, which after an earlier extension is the extended date.

Is there an official form for the extension application?

Section 92B(3) requires the application to be in a form (if any) approved by the ESOS agency for the provider. The Act does not prescribe a form itself; it ties the requirement to whatever that agency has approved. Where an agency has approved no form, the Act leaves nothing further to be complied with on form.

Can a provider be granted more than one extension?

Yes — section 92B(5) allows the ESOS agency to extend a measurement period more than once. The limit is on duration, not on the number of applications: under section 92B(6), all extensions together must not exceed 12 months. The agency's power to extend is discretionary and any extension must be in writing.

Does lodging an application guarantee the extension?

No. Section 92B(4) provides that the ESOS agency "may" extend the measurement period, which leaves the decision to the agency. Meeting the 90-day deadline and the form requirement makes an application valid; it does not compel a particular outcome.

What happens if the period ends without an extension?

Under section 92A(2), the provider's registration is cancelled for all courses at all locations at the end of the measurement period, by force of the subsection. The ESOS agency must give the provider written notice, and notify the Secretary where the agency is not the Secretary, with the Register then altered under section 14B.

Does the automatic cancellation rule apply to approved school providers?

No. Section 92A(1)(a) limits the section to a registered provider that is not an approved school provider. The second condition, in section 92A(1)(b), is that the provider provides no courses at any location to any overseas students across a 12-month period beginning on or after 1 January 2026.

When can a measurement period start?

Section 92A(1)(b) describes it as a period of 12 consecutive months beginning on or after 1 January 2026. Periods starting before 1 January 2026 therefore fall outside the subsection. Later periods are covered, so the rule is not confined to the 2026 calendar year.