Commonwealth Coat of Arms of Australia

Tertiary Education Quality and Standards Agency (Charges) Regulations 2022

made under the

Tertiary Education Quality and Standards Agency (Charges) Act 2021

Compilation No. 2

Compilation date: 1 January 2025

Includes amendments: F2024L01666

About this compilation

This compilation

This is a compilation of the Tertiary Education Quality and Standards Agency (Charges) Regulations 2022 that shows the text of the law as amended and in force on 1 January 2025 (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 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 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 Register for the compiled law.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Definitions

5 Amount of charge

6 Transitional provision—base component of charge in 2022, 2023 and 2024

7 Application provision—compliance component of charge

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Tertiary Education Quality and Standards Agency (Charges) Regulations 2022.

3  Authority

  This instrument is made under the Tertiary Education Quality and Standards Agency (Charges) Act 2021.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) registered higher education provider;

(b) registered higher education provider charge;

(c) year (which is defined to mean a calendar year).

  In this instrument:

accredited course has the same meaning as in the TEQSA Act.

Act means the Tertiary Education Quality and Standards Agency (Charges) Act 2021.

base component of the charge: see subsection 5(2) and section 6.

civil penalty provision has the same meaning as in the Regulatory Powers (Standard Provisions) Act 2014.

compliance component of the charge: see subsection 5(4).

compliance undertaking means an undertaking (other than an undertaking that is enforceable under Part 6 of the Regulatory Powers (Standard Provisions) Act 2014) given by a provider to TEQSA, and accepted by TEQSA in writing, to comply with:

 (a) the ESOS Act; or

 (b) the TEQSA Act; or

 (c) a legislative instrument made under the ESOS Act or the TEQSA Act.

Example: For paragraph (c), the Threshold Standards is a legislative instrument made under the TEQSA Act.

ESOS Act means the Education Services for Overseas Students Act 2000.

fulltime study load, for a student undertaking a course of study with a registered higher education provider for a year, means:

 (a) if section 16928 of the Higher Education Support Act 2003 applies to the provider in respect of the course—an amount of study, undertaken as part of that course in that year, that is represented by units of study that have a total EFTSL value (within the meaning of that Act) of 1; or

 (b) if paragraph (a) does not apply—an amount of study, undertaken as part of that course in that year, that is the equivalent of the minimum amount of study that a student undertaking that course on a fulltime basis would be expected to undertake in that year.

investigation means an investigation involving the exercise of investigative powers under Part 3 of the Regulatory Powers (Standard Provisions) Act 2014, in its application under:

 (a) Division 4 of Part 7 of the ESOS Act; or

 (b) Division 4 of Part 7 of the TEQSA Act.

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

5  Amount of charge

 (1) For the purposes of paragraph 7(1)(b) of the Act, the amount of registered higher education provider charge for the year commencing on 1 January 2022 and each later year for a registered higher education provider is the sum of:

 (a) the base component of the charge; and

 (b) the compliance component of the charge (if any).

Note: For the base component of the charge for 2022, 2023 and 2024, see section 6.

Base component of charge

 (2) The base component of the charge for a year (the relevant year) is worked out in accordance with the formula:

  Start formula start fraction 5,901,000 over Number of providers end fraction plus open square bracket start fraction 1,128,000 over Total equivalent full-time students end fraction times Provider's equivalent full-time students close square bracket end formula

where:

number of providers means the number of registered higher education providers at the start of the relevant year.

provider’s equivalent fulltime students means the total number of students enrolled, on an equivalent fulltime basis, in each accredited course that was, in the year that is 2 years before the relevant year, provided by the provider.

total equivalent fulltime students means the total number of students enrolled, on an equivalent fulltime basis, in each accredited course that was, in the year that is 2 years before the relevant year, provided by each entity that, at that time, was a registered higher education provider.

 (3) In working out, for the purposes of subsection (2), the number of students enrolled on an equivalent fulltime basis in an accredited course in a year:

 (a) count a student that has a fulltime study load for the course and the year as 1 student; and

 (b) count any other student as a fraction that represents the student’s amount of study undertaken as part of the course and the year relative to a student that does have a fulltime study load for the course and the year.

Example: A fulltime student is enrolled in 8 units of study as part of a course for a year and is counted as 1 student. A parttime student is enrolled in 4 units of study as part of that course and is counted as half of 1 student. Another student is enrolled in 10 units of study as part of that course and is counted as 1 and a quarter of 1 student.

Compliance component of charge

 (4) The compliance component of the charge for a year is the sum of the following:

 (a) if, in the previous year, TEQSA decided to commence one or more assessments under section 59 of the TEQSA Act to assess whether the provider continued to meet the Threshold Standards (within the meaning of that Act)—$36,000 for each assessment;

 (b) if, in the previous year, TEQSA decided to commence one or more assessments under section 61 of the TEQSA Act in respect of an accredited course in relation to the provider—$36,000 for each assessment;

 (ba) if, in the previous year, TEQSA decided to conduct one or more audits of the provider under subsection 112A(1) of the ESOS Act—$36,000 for each audit;

 (c) if:

 (i) at any time in the previous year, the provider’s registration had one or more conditions; and

 (ii) the conditions were imposed by TEQSA under subsection 10B(1) or 83(3) of the ESOS Act or subsection 32(1) of the TEQSA Act (whether or not they were imposed in that year);

  —$4,100 for each condition;

 (d) if:

 (i) at any time in the previous year, the accreditation of a course of study in relation to the provider had one or more conditions; and

 (ii) the conditions were imposed by TEQSA under subsection 53(1) of the TEQSA Act (whether or not they were imposed in that year);

  —$3,350 for each condition;

 (e) if, at any time in the previous year, one or more compliance undertakings were in force—$1,675 for each undertaking;

 (f) if, at any time in the previous year, TEQSA conducted an investigation in relation to a matter that constitutes, or may constitute, a contravention of an offence provision or a civil penalty provision by the provider (whether or not the investigation is continuing)—$165 for each hour spent in conducting the investigation in that year by:

 (i) members of the staff of TEQSA mentioned in section 156 of the TEQSA Act; and

 (ii) subject to subsection (5), staff made available to TEQSA mentioned in section 157 of the TEQSA Act.

 (5) Subparagraph (4)(f)(ii) applies in relation to the services of an officer or employee of a State or Territory authority only if an arrangement mentioned in subsection 157(2) of the TEQSA Act provides for the Commonwealth to reimburse the State or Territory with respect to those services.

6  Transitional provision—base component of charge in 2022, 2023 and 2024

  Despite subsection 5(2), the base component of the charge is:

 (a) for 2022—0%; and

 (b) for 2023—20%; and

 (c) for 2024—50%;

of the amount worked out in accordance with the formula in that subsection.

7  Application provision—compliance component of charge

 (1) Paragraphs 5(4)(a) and (b) apply in relation to an assessment commenced on or after 1 January 2023.

 (1A) Paragraph 5(4)(ba) applies in relation to an audit conducted on or after 1 January 2024.

 (2) Paragraphs 5(4)(c) and (d) apply in relation to a condition in force on or after 1 January 2023, whether or not the condition was first imposed before that date.

 (3) Paragraph 5(4)(e) applies in relation to a compliance undertaking in force on or after 1 January 2023, whether or not the undertaking was accepted before that date.

 (4) Paragraph 5(4)(f) applies in relation to an investigation commenced on or after 1 January 2023.

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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

/subsubparagraph(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)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Tertiary Education Quality and Standards Agency (Charges) Regulations 2022

25 Nov 2022 (F2022L01523)

26 Nov 2022 (s 2(1) item 1)

 

Tertiary Education Quality and Standards Agency (Charges) Amendment Regulations 2023

27 Nov 2023 (F2023L01556)

1 Jan 2024 (s 2(1) item 1)

Tertiary Education Quality and Standards Agency (Charges) Amendment Regulations 2024

16 Dec 2024 (F2024L01666)

1 Jan 2025 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 5.....................

am F2023L01556; F2024L01666

s 7.....................

am F2023L01556