Federal Register of Legislation - Australian Government

Primary content

No. 3 of 2013 Determinations/Other as amended, taking into account amendments up to Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees (Amendment) No. 1 of 2016
Administered by: Education
Registered 01 Jul 2016
Start Date 01 Jul 2016

Commonwealth Coat of Arms

Tertiary Education Quality and Standards

Agency Act 2011 - Determination of Fees No. 3 of 2013

made under subsection 158(1) of the Tertiary Education Quality and Standards Agency Act 2011

Compilation No. 01             

Compilation date:                              1 July 2016

Includes amendments up to:            Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees (Amendment) No. 1 of 2016

 

 

 

About this compilation

 

This compilation

This is a compilation of the Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees No. 3 of 2013 that shows the text of the law as amended and in force on 01/07/2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  


Interpretation

In this determination:

 

Act means the Tertiary Education Quality and Standards Agency Act 2011.

 

CRICOS means the Commonwealth Register of Institutions and Courses for Overseas Students which is maintained under the Education Services for Overseas Students Act 2000

 

ELICOS has the same meaning as it has in the Education Services for Overseas Students Act 2000

 

Foundation Program has the same meaning as it has in the Education Services for Overseas Students Act 2000

 

Higher education award has the same meaning as it has in the Act.

 

Higher education provider has the same meaning as it has in the Act.

 

Higher education provider with self-accrediting authority means a higher education provider authorised to self-accredit one or more courses of study under a Commonwealth, State or Territory Law.

 

Registered higher education provider has the same meaning as it has in the Act.

 

Regulated higher education award has the same meaning as it has in the Act.

 

Teaching period in relation to a course of study means the period(s) of time into which the course of study is divided by a provider for teaching purposes, for example a semester or a trimester.

 

Tertiary Education Quality and Standards Agency or TEQSA has the same meaning given at section 5 of the Act.


Schedule A – Fees

 

Fees payable for the performance of TEQSA’s functions

For subsection 158(1) of the Act, the fee for an activity mentioned in an item in the following table is the amount mentioned in the third column for that item.

 

 

 

Item

Activity for which 
the fee is imposed

Amount of the fee

1

Preliminary Assessment of Application for registration as a higher education provider – s 19 of the Act

 

Where the application is for registration in one of the following provider categories:

·          Australian University;

·         Overseas University;

·          Australian University College;

·         Australian University of Specialisation; and

·         Overseas University of Specialisation.

 

$25,000

 

2

Preliminary Assessment of Application for registration as a higher education provider – s 19 of the Act

 

Where the application is for registration in the Higher Education Provider category

 

$5,500

3

Substantive Assessment of Application for registration as a higher education provider – s 20 of the Act

 

Where the application is assessed by TEQSA, pursuant to paragraph 19(1)(a) of the Act, as appropriate for one of the following provider categories:

·          Australian University;

·         Overseas University;

·          Australian University College;

·         Australian University of Specialisation; and

·         Overseas University of Specialisation.

 

$60,000

 

4

Substantive Assessment of Application for registration as a higher education provider – s 20 of the Act

 

Where the application is not one to which Item 7 applies

 

$16,500

5

Renewal of Registration Application – s 35 of the Act

 

Where the application is to renew registration for one of the following provider categories:

·          Australian University;

·         Overseas University;

·          Australian University College;

·         Australian University of Specialisation; and

·         Overseas University of Specialisation.

 

Where an application to renew registration is made at the same time as an application under s 38 of the Act to change the Provider Category in which the provider is registered, no fee is payable for the application to renew registration.

 

In all other cases, the fee is $75,000

6

Renewal of Registration Application – s 35 of the Act

 

Where the application is to renew registration for the Higher Education Provider category

Where an application to renew registration is made at the same time as an application under s 38 of the Act to change the Provider Category in which the provider is registered, no fee is payable for the application to renew registration.

 

In all other cases, the fee is $20,000

7

Application for change of Provider Category in which a provider is registered to one of the following Provider Categories:

·          Australian University;

·         Overseas University;

·          Australian University College;

·         Australian University of Specialisation; and

·         Overseas University of Specialisation.

 (s 38 of the Act)

$85,000

8

Application to TEQSA as an ESOS Agency for registration or for renewal of registration to provide a course or courses at a location or

locations to overseas students - ss 9 and

10D of the Education Services for Overseas

Students Act.

$5,000

9

Application to self-accredit one or more courses of study  – s 41 of the Act

(a) Where the application is by a provider registered in the higher education provider category:

         For an application by a provider with no existing authority under the Act to self accredit a course or group of courses of study – the fee is $22,000.

         For an application by a provider which is authorised under the TEQSA Act to self accredit one or more courses of study – the fee is $10,000

(b) Where the application is by a provider registered in one of the following categories:

·         Overseas University;

·         Australian University College;

·         Australian University of Specialisation;

·         Overseas University of Specialisation.

-         No fee is payable

10

Preliminary Assessment of Application for accreditation of a course of study – s 47 of the Act

Where an application is for accreditation of a single course of study, $2,000.

 

Where an application is for accreditation of more than one course of study, or where more than one application to accredit a course of study is submitted at the same time, the fee is $2,000 for the first course of study and $1,400 for each additional course of study.

 

11

Substantive Assessment of Application for accreditation of a course of study – s 48 of the Act

Where an application is for accreditation of a single course of study, $7,000.

 

Where an application is for accreditation of more than one course of study, or where more than one application to accredit a course of study is submitted at the same time, the fee is $7,000 for the first course of study and $4,900 for each additional course of study.

 

12

Application for renewal of Accreditation for a course of study – s 55

(a)  $1,000 for each application for renewal of accreditation of a course of study on the basis that:

(i) No new enrolments will be permitted in the course, and

(ii)   The course will cease to be provided to students within 24 months of the date on which the provider’s current accreditation for the course is to end, and

(iii) The provider has not previously applied for renewal of the accreditation of the course of study on this basis.

(b) Otherwise:

(i) Where an application is for renewal of accreditation of a single course of study, $8,000.

(ii)    Where an application is for renewal of accreditation of more than one course of study, or where more than one application to renew accreditation of a course of study is submitted at the same time, the fee is $8,000 for the first course of study and $5,600 for each additional course of study.

13

Application to vary or revoke a Condition of registration or accreditation – s 32(3) or s 52(3)

For the first two conditions included in an application - $2,500 for each condition

 

For each condition in addition to the first two conditions which are included in an application - $1,500 for each condition

14

Applications for TEQSA, as a designated authority, to approve proposed changes to arrangements with other providers or to the maximum number of students that a provider can enrol – paragraphs 10.4 and 12 of PartC of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007

$2,500 for each application to approve one or more changes

 

15

Application for internal review of a decision made by delegates of TEQSA - s184

 

$1,000 for each application to review one or more decisions


Schedule B – Circumstances in which fees may be waived

 

Waiver of fees

 

(1)      Under paragraph 158(3)(c) of the Act, TEQSA may decide to waive all or part of the fees payable in Schedule A of this instrument in the following circumstances:

 

(a)         when a person or body, including a body politic or a body corporate (the first provider) was registered under one or more State or Territory laws relating to higher education, and the responsibility for offering or conferring one or more higher education awards of the first provider has been transferred to another person or body (the second provider) within 12 months after 29 January 2012, all or part of the following fees may be waived in relation to the second provider:

 

(i)    the fees for a preliminary and substantive assessment of an application for registration;

 

(ii)  the fees for preliminary and substantive assessments of any applications for course accreditation provided with the application for registration.

 

 

(b)          when an applicant was registered under one or more State or Territory laws relating to higher education immediately prior to 29 January 2012 but did not offer or confer a regulated higher education award immediately prior to that date, all or part of the following fees may be waived:

 

(i)    the fees for a preliminary and substantive assessment of an application for registration;

 

(ii)  the fees for preliminary and substantive assessments for any applications for course accreditation made with the application for registration;

 

(iii)  where the applicant’s registration under a state or territory law included the authority to self-accredit one or more courses of study, the fee for an application to self-accredit one of more courses of study.

 

(c)       where an application is for renewal of accreditation of a course of study on the basis that:

(i)    No new enrolments will be permitted in the course from the date on which the provider’s current accreditation for the course is to end, and

(ii)  The provider ceases to provide the course at the conclusion of the first teaching period that commences after the date on which the provider’s current accreditation for the course is to end.

         All or part of the fee for renewal of accreditation of the course may be waived.

 

(d)       when the responsibility for offering or conferring one or more higher education awards has been transferred from one person or body, including a body politic or a body corporate (the first provider) to another person or body (the second provider) and the first provider is, or has been within one month prior to the date on which the second provider applies to TEQSA for registration as a higher education provider, a registered higher education provider, then TEQSA may waive all or part of the following fees in relation to the second provider:

 

(i)    the fees for a preliminary and substantive assessment of an application for registration;

 

(ii)  the fees for preliminary and substantive assessments of any applications for course accreditation provided with the application for registration;

 

(iii) the fee for an application for the purposes of registration of an approved provider under section 9AB of the Education Services for Overseas Students Act 2000 to provide a course of study to overseas students.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Tertiary Education Quality and Standards

Agency Act 2011 Determination of Fees No. 3 of 2013

19 December 2013 (F2013L02162)

1 January 2014

n/a

Tertiary Education Quality and Standards

Agency Act 2011 - Determination of Fees

(Amendment) No. 1 of 2016

24 June 2016 (F2016L01078)

1 July 2016

n/a

 

 

 

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule A

 

Sch A Table, item 8

am F2016L01078.