Transnational education (TNE) has become a significant component of Australia's higher education sector, enabling students to access Australian courses from locations outside the country. TNE has thus far been excluded from the suite of reforms happening in the sector, however the recent introduction of the Education Legislation Amendment (Integrity and Other Measures) Bill 2025 (Cth) (Bill) to parliament on 9 October 2025 changes that, with substantial changes to the regulation of TNE to commence from 1 January 2026, if the Bill passes.

The Bill seeks to enhance the regulatory oversight of TNE via amendments to the Tertiary Education Quality and Standards Agency Act 2011 (Cth) (TEQSA Act) (in respect of the current regulatory landscape for TNE, see our article 'Navigating transnational education: tips and traps'). The primary aim of the increased regulation in this area is to enhance the integrity and reputation of the Australian higher education delivered offshore and ensure that Australian higher education awards delivered abroad maintain the same standards as those provided domestically. 

Authorisation requirements 

The most significant proposed change is the requirement for TNE arrangements to be authorised by the Tertiary Education Quality and Standards Agency (TEQSA). 

Specifically, any provider wishing to offer or confer Australian higher education awards for one or more offshore provided Australian courses of study, must seek TEQSA's authorisation. This applies to courses delivered solely by an Australian provider or in collaboration with an overseas institution, such as a foreign university.

The Bill defines offshore Australian course of study, as 'an Australian course of study that is provided at offshore premises'. However, the requirement does not extend to:

• formal exchange programs with overseas institutions lasting less than 12 months; or 
• research conducted overseas as part of a course (for example, PhDs or master's by research).

It is unclear whether the regulation applies to courses delivered online from Australia to students overseas or from overseas to students located in Australia. This will depend on whether 'provided at' refers to the location of online systems or the individuals controlling course delivery through those systems - further clarification will be required as the legislation is implemented.

Notably, there are presently no blanket exemptions for any class of provider (including public universities), although the Minister has the discretion to exempt specific classes of courses or providers. This flexibility may allow for future exemptions for particular types of delivery (such as online courses) or certain provider categories (such as Table A providers).

The process for obtaining TEQSA authorisation is expected to be rigorous, with an estimated timeframe of 9 months (depending on the circumstances) and applicants are required to provide any information, documents and assistance that TEQSA requests in order to make a decision. Applications cannot be submitted until 1 January 2026, and fees will apply (though the specific fees are presently unknown). 

Notification and Reporting Obligations

Authorised providers will also face new annual reporting requirements. 

By 31 October each year, authorised providers will be required to provide a report containing information about each offshore provided Australian course of study (including where provided wholly or partly by another entity) for the most recently completed academic year. The format and detail required for these reports have not yet been specified. 

Additionally, providers must promptly give written notification to TEQSA if certain changes or events occur or are likely to occur, including:

• commencement of the provision of an offshore provided Australian course of study
• cessation of the provision of an offshore provided Australian course of study
• a change in the location of delivery (i.e. the delivery premises) of an offshore provided Australian course of study
• a change in an entity providing (either wholly or partly) an offshore provided Australian course of study

These notifications must be made as soon as the provider becomes aware, or would reasonably be expected to have become aware, of the change, and at least 90 days in advance.  While this requirement aims to ensure transparency, it may be unrealistic in cases where changes are unplanned but necessary to safeguard  students' interests.

Compliance and Enforcement

TEQSA is empowered to cancel a provider's authorisation. If an authorisation is cancelled, the provider is barred from reapplying for two years. Similarly to the ability to cancel a provider's registration, the grounds for cancellation are broad, with no strict limits or parameters, though TEQSA must consider any submissions made by the provider before making its decision. 

Offering or conferring an award without authorisation is an offence and can attract a civil penalty, reflecting the seriousness with which the government views unauthorised TNE activity. The civil penalty and offence provision does not come into effect until 31 October 2026, or later for providers that have an application for authorisation pending as at that date.

Transitional Provisions

The Bill includes transitional provisions that apply where a provider is already providing, or has already entered into an arrangement to provide, one or more offshore Australian courses of study as at the commencement time of the provisions.  In these circumstances, the provider will be taken to be an authorised offshore provider (without having to go through the application process) and will be able to offer or confer Australian higher education awards for one or more offshore provided Australian courses of study (subject to the ongoing notification/reporting obligations referred to above). This will only apply if the provider was providing one or more courses or had entered into an arrangement to provide one or more courses before the Bill was introduced on 9 October 2025, and the provider gives notice to TEQSA as required by the Bill. 

The Bill does not define what constitutes 'entering into an arrangement' to provide a course of study. Whilst this will not require a legally enforceable contract - as the legal term 'arrangement' is generally interpreted more broadly - it will likely require a mutual expectation or commitment between the provider and a third party (whether a student or another institution).  For providers that will be relying on having entered into an arrangement in order to be captured by the transitional provisions, the relevant 'arrangement' will need to be assessed carefully to determine whether it meets this threshold. 

 The Education Legislation Amendment (Integrity and Other Measures) Bill 2025 (Cth) represents a significant step in the regulation of Australian providers' transnational education activities. By mandating TEQSA authorisation for overseas delivery of Australian courses, the Bill seeks to uphold the integrity of Australian higher education awards and protect students' interests both at home and abroad.

Providers must assess their current and planned TNE arrangements to determine whether authorisation is required, and to ensure that they have sufficient resources and internal systems to facilitate compliance with new reporting and notification obligations.