strict liability offence. All agreements between providers and agents must be in writing and it is the institutions role to regulate, report and terminate agreements with agents, including on grounds of misleading practice, unethical and dishonest behaviour, or any other actions undertaken which are not in "good faith" or which benefit students. Guideline 6: protected amount All CRICOS providers must generate and maintain an alternative bank account for all funds, tuition and fees from overseas students who have yet to commence their course or are in the process of completing their course. The account is to be managed by an authorised deposit-taking institution or a state bank and must not fall below the total cost of fees required to refund students in full in the event of visa refusal, student default, and any other agreed upon circumstances. ASQA is under the legal obligation to take legal action against CRICOS institutions if not compliant. Fees and charges All compulsory fees and charges associated with CRICOS registration are laid out in the ESOS Act and the Education Services for Overseas Students (Registration Charges) Act 1997 (the Charges Act). Entry to the Market Charge (EMC) During the first three years of CRICOS registration, providers are charged three fees. In the event that institutions no longer are registered to provide a course in the second and third year, they are exempt from the relevant fees. They include: $8,676 at time of registration $5,784 on the first anniversary of registration $2,882 on the second anniversary of registration Annual Registration Charge (ARC) The ARC is a yearly payment compulsory for all CRICOS registered institutions and their courses. Charges include a base fee plus a per enrolment fee for the total number of overseas students on student visas, plus the course based on location. Under the ESOS Act, all CRICOS providers must pay the ARC by the last business day of February. It is calculated from enrolment data stored in the Provider Registration and International Student Management Systems (PRISMS) and includes a: "$1505 base fee* plus $10 per student enrolment per calendar year plus $115 for each course by location registered on CRICOS plus $1156 payable only by a provider whom the Minister has imposed sanctions for non-compliance under section 83 of the ESOS Act in the past 12 months *Government and non-government schools that did not have any enrolments in the previous year but maintained a