What changed in the National Code on 31 March 2026?
A new Standard 4.7 prohibits a registered institution from giving an education agent commission for recruiting a student who has already commenced a course with another registered institution.
The instrument is the National Code Amendment (Education Agent Commissions) Instrument 2026, registered on 20 January 2026 and in force from 31 March 2026. It amends the National Code 2018, which itself sits under the ESOS Act 2000.
The department states the intent plainly: the ban "removes incentives for unscrupulous education agents to facilitate unnecessary transfers that may not be in the student's best interests" (Department of Education — changes to the legislative framework).
The obligation sits on the institution. The institution cannot pay. Your agency can still advise a student who wants to move, and can still charge that student a direct fee for the service (Study Australia — new rules on agent commissions for onshore transfers).
Which commissions are now prohibited, and which are still paid?
Only commissions for an onshore transfer before the student completes their principal course are banned; initial enrolments, packaged-course progression and post-completion enrolments remain commissionable.
The department and Study Australia set out the boundary cases. The table below restates them; each row links to its source.
| Scenario | Commission from the receiving institution | Source |
|---|---|---|
| Student's first enrolment with an Australian institution | Allowed | Study Australia |
| Student moves to a new institution before finishing their principal course | Banned | F2026L00033 |
| Student's enrolment is cancelled, or they withdraw, then enrol elsewhere before finishing the principal course | Banned — still a transfer | Study Australia |
| Student progresses within a package where the institution and course are on the CoEs the visa was granted on | Allowed | Study Australia |
| Student completes their principal course, then enrols with a new institution | Allowed | Department of Education |
| Student accepted for enrolment by the new institution on or before 31 March 2026, commencing later | Allowed — including future instalments under the existing contract | Study Australia |
"Commission" here is broad. Study Australia describes it as money "or any other benefit" — in kind counts.
What did the 2025 ESOS Act amendments change for agents and commissions?
The Act replaced "agent" with a defined "education agent", defined "education agent commissions", and gave the Secretary power to request commission information from institutions.
The Education Legislation Amendment (Integrity and Other Measures) Act 2025 received Royal Assent on 4 December 2025. The department summarises the agent-related changes as three items: a new definition of education agent, a new definition of education agent commissions with collection of commissions information, and improved transparency of agent information for institutions (Department of Education).
The Department's fact sheet on education agents and commissions (created 2 December 2025) describes what an institution may be asked to give: 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 each agent recruited. The fact sheet states that only commissions given on or after commencement of the provisions can be requested.
Two further changes matter to agencies even though the duty sits with institutions:
- Fit and proper institution. An ESOS agency must now consider ownership and control arrangements between institutions and education agents in deciding whether an institution is fit and proper for CRICOS registration (Department of Education).
- Wider agent data. The Department's policy paper on publishing education agent performance data sets out its intention to publish agent performance data and to widen what institutions see about agents in PRISMS — visa grants, refusals, cancellations and completion rates per agent.
What does Standard 4 still require of every written agent agreement?
Standard 4 requires a written agreement with every agent formally representing an institution, and prescribes what that agreement must contain, monitor, and enforce.
The Department's Standard 4: Education agents resource sets out that, under Standard 4.2, the written agreement must specify:
- 4.2.1 — the institution's responsibilities, including that the institution is responsible at all times for compliance with the ESOS Act and the National Code;
- 4.2.2 — the institution's requirements of the agent in representing it;
- 4.2.3 — the institution's processes for monitoring the agent's activities and ensuring the agent gives students accurate and up-to-date information;
- 4.2.4 — the corrective action the institution may take if the agent does not comply.
The same resource describes Standard 4.3 as listing the conduct an institution must ensure its agents do not engage in, and Standard 4.4 as requiring the institution to take immediate corrective action — including terminating the agreement — where it becomes aware of a breach. Read the published Standard 4 document for the clause wording.
Read with 4.7, every institution you hold an agreement with now has a reason to ask you, per student, whether the enrolment was a first enrolment, a packaged progression, or a transfer.
Who carries the compliance risk — the institution or the agency?
The legal duty under Standard 4.7 and the commission-information power rests on the registered institution; the commercial consequence lands on the agency's agreements and records.
Institutions are the regulated party. But an institution that cannot pay a commission will amend its agent agreement to say so, ask for the enrolment history before it approves a claim, and expect the agency to hold the same record it holds. A master agency paying sub-agents a share inherits the question one tier down: if the institution's payment is prohibited, there is nothing to split. How that split is structured is covered in our guide to sub-agent management.
What records do you need to hold to answer a commission question?
You need, per application, the institution, the agent and any master agency in the chain, the amount agreed, each instalment's date and status, and the student's prior enrolment position.
The fact sheet's three data points are institution-side aggregates. To reconcile against them from the agency side you need the same figures built from the bottom up:
| What the institution may be asked | What the agency needs to hold | Why |
|---|---|---|
| Total dollars given to each agent | Every commission line, per application, per billing period, with its status | The institution's total is the sum of what it actually paid; yours must reconcile to it |
| Value and description of non-monetary benefits | A record of anything received other than money | "Commission" includes in-kind benefit |
| Number of accepted students recruited | The application-to-agent link, dated | Determines which agent's count a student falls in |
| Whether an enrolment was an onshore transfer | The student's prior CoE and commencement position at the time of acceptance | Decides whether 4.7 applies at all |
| Acceptance date relative to 31 March 2026 | The date the receiving institution accepted the student | Decides whether transitional instalments may continue |
How do commission instalments already in flight interact with the ban?
Instalments for students accepted on or before 31 March 2026 may continue to be paid under the existing contract, even where the student commenced later.
Study Australia states that institutions "can continue to honour existing contracts and pay any future instalments of commission for those students" (Study Australia). The acceptance date, not the commencement date, is the test — so your record of when the institution accepted the student determines whether a mid-2026 instalment on a transfer student is payable.
Does any of this touch the Genuine Student requirement?
No. Standard 4.7 and the commission-information power concern payments to agents; the Genuine Student requirement is a visa criterion.
The Department of Home Affairs applies the Genuine Student requirement to subclass 500 applications lodged on or after 23 March 2024. Agencies collect the statement and evidence; the department decides.
Where World Ready fits
World Ready records commission the way the regulator now asks about it. A Commission Agreement per institution carries a start and end date, so a rate that stops applying on 31 March 2026 is ended on the agreement rather than remembered by someone.
help-wiki/wiki/topics/commission-calculation-engine.md; help-wiki/wiki/admin-menu/commissions.md
When an Application is created, the engine generates up to three separate Commission headers — Institution Charge, Master Agency Charge, Service Partner Charge — each with one Transaction per billing period and a status that moves Estimate → Confirmed → Ready to Invoice → Ready for Payment → Paid.
help-wiki/wiki/topics/commission-three-transaction-types.md; help-wiki/wiki/topics/transaction-lifecycle.md
The Transactions list filters by Transaction Type, status, institution and date range, and exports to CSV honouring the filter and your data scope. The platform calculates and records; it does not invoice, move money, or decide whether a payment is lawful.
help-wiki/wiki/main-menu/commission/view-commission-list.md; help-wiki/wiki/main-menu/commission/export-csv.md; help-wiki/wiki/main-menu/commission/index.md
See the commission engine on Commission management and the product page, the pricing ladder, and how an institution-shaped tenant runs it on For institutions. Agencies start at For recruiters; what we choose not to claim is on What we won't claim; the sceptical-buyer questions are on the FAQ.
Questions answered
Is the "March 2026 National Code amendment" real?
Yes. The National Code Amendment (Education Agent Commissions) Instrument 2026 was registered on 20 January 2026 and took effect on 31 March 2026, inserting Standard 4.7 (legislation.gov.au F2026L00033).
Can an agent still be paid for a student who changes institution in Australia?
Not by the receiving institution, if the student has not completed their principal course. The agent may charge the student a direct fee for advice (Study Australia).
Does the ban apply to students accepted before 31 March 2026?
No. Where the receiving institution accepted the student on or before 31 March 2026, existing contracts and future instalments may be honoured, even if study starts later (Study Australia).
Who has to report commission figures to the government?
Registered institutions, when the Secretary requests it — the Department's fact sheet lists totals per agent, non-monetary benefits, and accepted student counts. Agencies have no direct filing duty (Department of Education fact sheet).
Sources
- Education Legislation Amendment (Integrity and Other Measures) Act 2025 — legislation.gov.au/C2025A00074/asmade/text
- National Code Amendment (Education Agent Commissions) Instrument 2026 — legislation.gov.au/F2026L00033/asmade/text
- National Code 2018 (series) — legislation.gov.au/Series/F2017L01182
- Department of Education, changes to the legislative framework — education.gov.au/esos-framework/changes-legislative-framework-overseas-students
- Department of Education, 2025 fact sheet: education agents and commissions — education.gov.au/esos-framework/resources/2025-fact-sheet-education-agents-and-commissions
- Department of Education, Standard 4: Education agents — education.gov.au/esos-framework/resources/standard-4-education-agents
- Department of Education, ban on payment of agent commissions for onshore transfers — education.gov.au/higher-education/resources/ban-payment-agent-commissions-onshore-transfers
- Department of Education, publication of education agent performance data (policy paper) — education.gov.au/international-education/resources/publication-education-agent-performance-data-policy-paper
- Study Australia (Austrade), new rules on agent commissions for onshore student transfers — studyaustralia.gov.au/en/Agent-Hub/agent-news-index/new-rules-on-agent-commissions-for-onshore-student-transfers
- Department of Home Affairs, Genuine Student requirement — immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500/genuine-student-requirement
- Product mechanics: the platform's help documentation, cited by path under each claim (
help-wiki/wiki/…).