Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument determines the fees payable for applications made to the Tertiary Education Quality and Standards Agency (TEQSA) under the Tertiary Education Quality and Standards Agency Act 2011 (the TEQSA Act) and the Education Services for Overseas Students Act 2000 (ESOS Act). It implements Government policy with respect to the refunding and waiver of fees charged to registered providers by TEQSA, by ensuring that TEQSA has capacity to refund fees paid under the TEQSA Act and the ESOS Act in special or unusual circumstances that cause the fee to be unreasonable or inequitable, including in circumstances related to the COVID-19 pandemic event, and ensuring that the existing discretionary capacity of TEQSA to waive fees payable under the TEQSA Act and the ESOS Act extends to the capacity to waive those fees in special or unusual circumstances, including in circumstances related to the COVID-19 pandemic event.
Administered by: Education, Skills and Employment
Registered 04 May 2020
Tabling HistoryDate
Tabled HR12-May-2020
Tabled Senate12-May-2020

 

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

 

 

 

The Tertiary Education Quality and Standards Agency hereby:

          i.            revokes the Determination of Fees No. 3 of 2013, made on 16 December 2013 under subsection 158(1) of the Tertiary Education Quality and Standards Agency Act 2011 (the Act) and amended on 22 June 2016;

        ii.            under subsection 158(1) of the Act, determines the fees that TEQSA may charge for things done in the performance of its functions to be the fees specified in the attached Schedule A; and

      iii.            under subsection 158(3) of the Act, determines the other matters relating to the payment of fees, as specified in the attached Schedule B.

 

 

 

 

Dated:  30 April 2020

 

 

 

 

 

 

Signed

 

 

 

 

                                                                                             

_____________________            ___________________              _______________

Professor Nicholas Saunders AO             Professor Cliff Walsh                               Professor Joan Cooper

Chief Commissioner                                 Commissioner                                            Commissioner


 

Part 1 - Preliminary

1          Name of Determination

 

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

 

2          Commencement

This Determination commences on the day after it is registered.

 

3          Authority

This Determination is made under subsections 158(1) and 158(3) of the Tertiary Education Quality and Standards Agency Act 2011.

 

 

4          Interpretation

 

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 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

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

 

Waiver of fees

 

(1)       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)      TEQSA may waive a fee 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.

 

(3)       TEQSA may refund all or part of the amount of a fee which was paid to TEQSA under the Act or the ESOS Act where, in TEQSA’s opinion, special or unusual circumstances exist that cause the fee to be unreasonable or inequitable.

 

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