Federal Register of Legislation - Australian Government

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Determinations/Other as amended, taking into account amendments up to Tertiary Education Quality and Standards Agency Determination of Fees (Amendment) 2020
Administered by: Education, Skills and Employment
Registered 18 Aug 2020
Start Date 05 Aug 2020

Commonwealth Coat of Arms of Australia

Tertiary Education Quality and Standards Agency Determination of Fees No.1 of 2020

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

Compilation No. 01                

Compilation date:                              5 August 2020

Includes amendments up to:            Tertiary Education Quality and Standards Agency Determination of Fees (Amendment) 2020

About this compilation

This compilation

This is a compilation of the Tertiary Education Quality and Standards Agency Act Determination of Fees No.1 of 2020 that shows the text of the law as amended and in force on 06/08/2020 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


In this Determination:

 

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

 

ESOS Act means 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.

 

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

(1)   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 3 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

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 - Other matters relating to the payment of fees

 Part 1 – Waiver and refund of fees

1          Waiver of fees - general

TEQSA may waive all or part of the fees payable in Schedule A of this instrument in the following circumstances:

 

(a)         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.

 

(b)       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.

 (c)       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.

2          Waiver of fees – special or unusual circumstances

TEQSA may waive any of the following fees that would otherwise be payable under this instrument, in whole or in part where, in TEQSA’s opinion, special or unusual circumstances exist which would cause the fee to be unreasonable or inequitable:

(a)    in all cases – a fee under items 5, 6, 7, 9, 12, 13 or 14 of the table at section (1) of Schedule A;

(b)   a fee under item 8 of the table at section (1) of Schedule A, where the fee relates to an application under section 10D of the Education Services for Overseas Students Act 2000;

(c)    a fee under items 1, 3, 10 or 11 of the table at section (1) of Schedule A, where the fee relates to an application by a registered higher education provider.

3           Refund of fees – special or unusual circumstances

(1)   TEQSA may refund all or part of any of the following fees, in whole or in part where subsection (2) applies and, in TEQSA’s opinion, special or unusual circumstances exist that cause the fee to be unreasonable or inequitable:

(a)    a fee under items 5, 6, 7, 9, 12, 13 or 14 of the table at section (1) of Schedule A;

(b)   a fee under item 8 of the table at section (1) of Schedule A, where the fee relates to an application under section 10D of the Education Services for Overseas Students Act 2000;

(c)    a fee under items 1, 3, 10 or 11 of the table at section (1) of Schedule A, where the fee relates to an application by a registered higher education provider.

(2)   This subsection applies to a fee which was paid to TEQSA on or after 1 January 2020.

4          Interpretation of “special or unusual circumstances”

To avoid doubt, circumstances related to the COVID-19 pandemic are special or unusual circumstances which could cause a fee to be unreasonable or inequitable for the purposes of sections 2 and 3.

 

Part 2 – Merits review

5          Merits review

A decision under section 1, 2 or 3 of this Schedule is a reviewable decision for the purposes of this Part.

6          Internal review

(1)        Where a reviewable decision is made by a delegate of TEQSA, a person affected by the decision may make an application for internal review of the decision.

(2)        An application for internal review pursuant to this section must:

(a) be made within 30 days after the applicant is informed of the decision, or within such longer period as TEQSA allows;

(b) set out the reasons for the application.

(3)        Upon receiving an application for internal review, TEQSA must review the reviewable decision.

(4)        TEQSA may:

            (a) affirm, vary or revoke the reviewable decision;

            (b) if TEQSA revokes the decision, make such other decision as TEQSA thinks appropriate.

(5)        TEQSA must, within 30 days of making its decision on review, notify the applicant, in writing, of:

(a) the decision; and

(b) the reasons for decision.

(6)        TEQSA must make its decision on the review of a reviewable decision within 90 days after receiving the application for review.

(7)        TEQSA is taken, for the purposes of this section, to have made a decision under paragraph 6(4)(a) affirming the reviewable decision if it does not make a decision within the period in subsection (6).

7          Review by the Administrative Appeals Tribunal

An application may be made to the Administrative Appeals Tribunal for review of:

(a)    a reviewable decision if the decision was not made by a delegate of TEQSA;

(b)   a decision of TEQSA under subsection 6(4).


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

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(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 Determination of Fees No. 1 of 2020

4 May 2020

F2020L00549

 

5 May 2020

n/a

Tertiary Education Quality and Standards Agency Determination of Fees (Amendment) 2020

4 August 2020

F2020L00985

 

5 August 2020

n/a

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule A

Sch A, Section (1), Table, item 4

 

 

 

am F2020L00985

 

Schedule B

 

rs F2020L00985