MSAT-Malaysia declaration

The Australian Council for Educational Research Ltd (ABN: 10 004 398 145) (‘ACER’) provides to you and your university and hosts the MSAT-Malaysia. By you sitting the MSAT-Malaysia you agree to the following Legal Agreement with ACER:

1. The Booklet, including its Legal Notice;
2. Any ACER instructions issued from time to time regulating test takers’ sitting of the MSAT-Malaysia;
3. ACER may wish to define ‘Test Day Instructions’ please see comment below; and
4. This declaration (“the Legal Agreement”).

Ensure you understand fully and are familiar with the contents of the Legal Agreement before you undertake the MSAT-Malaysia as it details important conditions in respect of your participation in the MSAT-Malaysia.

NOTE: the terms of the Legal Agreement may vary from sitting to sitting of MSAT-Malaysia and, therefore, you should re-familiarise with each part of the Legal Agreement detailed above before each sitting of MSAT-Malaysia. You should not assume that the terms and conditions applicable to a previous sitting are the same in every respect as those which are set out in the Legal Agreement.

The declarations below signify You AGREE:

1. To the Agreement which will apply to Your undertaking of the MSAT-Malaysia in 2025 and all matters consequent thereon;
2. Having to be cancelled due to circumstances beyond ACER’s reasonable control it may be necessary for you to, and at ACER’s sole discretion:
   1. Re-sit MSAT-Malaysia:
      1. On a date;
      2. At a testing venue; and
      3. With a remote proctoring service;
   2. Other than that originally specified by ACER; and undertake further action in finalisation of those alternative arrangements;
3. For logistical reasons and in ACER’s sole discretion, if required you may be allocated a date, time and testing venue or remote proctored session when available in respect of your undertaking of the MSAT-Malaysia i.e. you may not have a choice of date, time and/or venue;
4. To comply with any direction, guideline or policy issued by ACER concerning compliance with public health orders or regulations applicable to your undertaking of the MSAT-Malaysia;
5. That to sit MSAT-Malaysia in 2025 you are a bona fide prospective applicant to a course for which MSAT-Malaysia is a pre-requisite;
6. You meet the requirements for eligibility set out in the MSAT-Malaysia Information Booklet 2025;
7. Not to use or divulge to any third party, information concerning the test questions in MSAT-Malaysia for Your own or any third party’s personal or commercial gain;
8. Not to post or publish any specific part or aspect of the content of MSAT-Malaysia. This includes publication on the internet, in any digital format or other format;
9. The information you give in your application for registration for the MSAT-Malaysia in 2025 is true and correct.

   The giving of false or misleading information constitutes misconduct, may result in permanent disqualification from undertaking MSAT-Malaysia in the future, and may jeopardise Your chances of being admitted into any course for which MSAT-Malaysia is a pre-requisite;

10. You acknowledge that misconduct, as defined in this Legal Agreement, has serious consequences including disqualification from undertaking MSAT-Malaysia in the future. “Misconduct” includes, but is not limited to, the use of information relating to the test questions for purposes other than Your sitting of the MSAT; giving false or misleading information at any stage regarding your participation in MSAT-Malaysia; and infringing “ACER” or “MSAT” trademarks, copyright or other intellectual property rights.
11. Misconduct also includes:
    1. Infringement of the “ACER” or “MSAT-Malaysia” trademarks. Trademark infringement includes performing any act which only a trademark owner or a person authorised by the trademark owner may do infringement of copyright.
    2. Copyright infringement including performing those rights or authorising the performance of those rights which are granted at law exclusively to the copyright owner. These rights include the exclusive right to reproduce the copyright work in a material form and to communicate that work to the public;
    3. In any way breaching (as determined by ACER in its absolute discretion) any of the terms and conditions of:
       1. Your registration to participate in the MSAT-Malaysia test; or
       2. Your purchase of any MSAT-Malaysia preparation materials
    4. Infringement of any rights (including but not limited to intellectual property rights) whatsoever relating to or subsisting in the MSAT-Malaysia test or any part or element of it, including but not limited to the concept, structure, administration or conduct of the MSAT-Malaysia test, the MSAT-Malaysia trademark and any MSAT-Malaysia preparation materials prepared or published by or on behalf of ACER or the user universities;
    5. Plagiarism referring to the act of presenting someone else’s work, ideas, thoughts, expressions, or creations as one’s own and involves copying, reproducing, paraphrasing, or closely imitating another person’s work, whether in whole or in part, and submitting it as original work for assessment, evaluation, or any other purpose. In the context of examinations, plagiarism includes, but is not limited to verbatim copying: directly reproducing words, phrases, sentences, paragraphs, or any other textual content from a source without using quotation marks or appropriate citation;
    6. Using, accessing, or employing any form of Artificial Intelligence during the MSAT-Malaysia. This includes, but is not limited to, using AI-powered devices, software applications, or any other tools that may assist in answering questions, solving problems, or providing information related to MSAT-Malaysia content. You are required to personally engage with the MSAT-Malaysia content and respond to questions without the assistance of AI technology. Any attempt to use AI for answering, analysing, or generating responses is a breach of the Legal Agreement. For the purposes of the Legal Agreement, “Artificial Intelligence” or “AI” refers to any technology, software, algorithm, or system that simulates human-like cognitive processes, including but not limited to machine learning algorithms, neural networks, and automated decision-making systems;
    7. Any act or omission by you which ACER, in its absolute discretion, renders you to be unfit to participate in any MSAT-Malaysia test, whether or not you are registered to participate at the time of ACER’s determination inappropriate, abusive or aggressive behaviour or communication in any form with the MSAT-Malaysia office, proctors/supervisors or university representatives.