1 Name
This instrument is the Tertiary Education Quality and Standards Agency Fees Amendment (Updated Fees) Determination 2023.
2 Commencement
This instrument commences on 1 January 2024.
3 Authority
This instrument is made under subsections 158(1) and 158(3) of the Tertiary Education Quality and Standards Agency Act 2011.
4 Schedules
The instrument that is specified the Schedule to this instrument is amended as set out in the items in the Schedule.
Schedule 1—Amendments
Tertiary Education Quality and Standards Agency Determination of Fees No.1 of 2020
1 Part 1 – Preliminary (at section 3)
Omit “159(1)”, substitute “158(1)”.
2 Part 1 – Preliminary (at section 3)
Omit “Tertiary Education Quality and Standards Agency Act 2011”, substitute “Tertiary Education Quality and Standards Agency Act 2011”.
3 Schedule A – Fees
Repeal the table of fees, substitute:
Item | Activity for which
the fee is imposed | Amount of the fee |
Registration |
1 | Preliminary assessment of application for registration as a higher education provider – s 19 of the Act | $13,900 |
2 | Substantive assessment of application for registration as a higher education provider – s 20 of the Act | $105,900 |
3 | Renewal of registration application – s 35 of the Act Where the higher education provider is not also applying for self-accreditation | Where the approved form for the application requires the applicant to address provisions of the Threshold Standards other than the Core Standards: $106,700 Otherwise: $62,400 |
4 | Renewal of registration application combined with application for self-accreditation – ss 35 and 41 of the Act Where the higher education provider applies for renewal of registration and for authority to self-accredit one or more courses of study at the same time | Where the approved form for the application requires the applicant to address provisions of the Threshold Standards other than the Core Standards: $122,000 Otherwise: $70,800 |
5 | Application for change of higher education provider category - s 38 of the Act | $48,900 |
6 | Application to TEQSA as an ESOS Agency for registration to provide a course or courses at a location or locations to overseas students – s 9 of the ESOS Act | $23,200 |
7 | Application to TEQSA as an ESOS Agency for renewal of registration – s 10D of the ESOS Act | Where the higher education provider has self-accrediting authority, $12,800 Where the higher education provider does not have self-accrediting authority, $26,000 |
8 | Application to TEQSA as an ESOS Agency to add one or more courses at one or more additional locations to a higher education provider’s registration – s 10H of the ESOS Act | For each location for which the higher education provider is not registered at the time of the application: - Where the higher education provider has self-accrediting authority, $1,800
- Where the higher education provider does not have self-accrediting authority, $9,100
For each course for which the higher education provider is not registered at any location at the time of the application: - $4,800 per ELICOS
- $4,900 per Foundation Program
- In all other cases, $500 per course
|
Course accreditation |
9 | Application for authority to self-accredit one or more courses of study (where the higher education provider has not applied for renewal of registration at the same time) – s 41 of the Act | For an application by a higher education provider with no existing authority under the Act to self-accredit a course or group of courses of study – the fee is $48,900 For an application by a higher education provider which is authorised under the TEQSA Act to self-accredit one or more courses of study – the fee is $34,700 |
10 | Preliminary assessment of application by a prospective provider for accreditation of a course of study (other than an undergraduate certificate) – s 47 of the Act | $5,600 per course * where a prospective provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies |
11 | Substantive assessment of application by a prospective provider for accreditation of a course of study (other than an undergraduate certificate) – s 48 of the Act | Where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, $42,200 per course. Where an application is for accreditation of a nested set of courses, the fee is $42,200 for the primary course of study and $37,700 for each related course of study. * where a prospective provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies |
12 | Preliminary assessment of application by a registered higher education provider for accreditation of a course of study (other than an undergraduate certificate) – s 47 of the Act | Where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, $4,900 per course. Where an application is for accreditation of a nested set of courses, the fee is $4,900 for the primary course of study and $1,200 for each related course of study. * where a higher education provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies |
13 | Substantive assessment of application by a registered higher education provider for accreditation of a course of study (other than an undergraduate certificate) – s 48 of the Act | Where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, $18,000 per course. Where an application is for accreditation of a nested set of courses, the fee is $18,000 for the primary course of study and $4,500 for each related course of study. * where a higher education provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies |
14 | Preliminary assessment of application for accreditation of an undergraduate certificate – s 47 of the Act | $300 per course |
15 | Substantive assessment of application for accreditation of an undergraduate certificate – s 48 of the Act | $1,200 per course |
16 | Application for renewal of accreditation for a course of study (other than an undergraduate certificate or an application made on the basis of teach out) – s 55 of the Act | Where an application is for renewal of accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, $23,100 per course. Where an application is for accreditation of a nested set of courses, the fee is $23,100 for the primary course of study and $5,500 for each related course of study. * where a higher education provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies |
17 | Application for renewal of accreditation for teach out course of study (other than an undergraduate certificate) – s 55 of the Act | Where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, $2,900 per course. Where an application is for accreditation of a nested set of courses, the fee is $2,900 for the primary course of study and $700 for each related course of study. * where a higher education provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies |
18 | Application for renewal of accreditation for an undergraduate certificate – s 55 of the Act | $1,100 per course |
Conditions |
19 | Application to vary or revoke a condition of registration or accreditation – s 32(3) or s 53(3) of the Act | For an application made under subsection 32(3) in relation to a condition imposed on a higher education provider’s registration - $3,600 per condition For an application made under subsection 53(3) in relation to a condition imposed on the accreditation of a course - $2,900 per condition |
Review of decisions |
20 | Application for internal review of a decision made by a delegate of TEQSA – s 184 of the Act and s 169AD of the ESOS Act | $1,000 |
5 Schedule B (at subsection 2(1))
Repeal the table, substitute:
Provider’s equivalent full-time student load | Percentage discount |
A number equal to or greater than 0 but less than 500 | Seventy percent reduction |
A number equal to or greater than 500 but less than 1000 | Sixty percent reduction |
A number equal to or greater than 1,000 but less than 1,500 | Fifty percent reduction |
A number equal to or greater than 1,500 but less than 2000 | Forty percent reduction |
A number equal to or greater than 2,000 but less than 3,000 | Thirty percent reduction |
A number equal to or greater than 3,000 but less than 4000 | Twenty percent reduction |
A number equal to or greater than 4,000 but less than 5000 | Ten percent reduction |
6 Schedule B (at subsection 6(2))
Repeal subsection 6(2), substitute
“In deciding whether to exercise its discretion under subsection 6(1), TEQSA must have regard to the objective of recovering the costs associated with TEQSA’s regulatory effort in the assessment of applications”
7 Schedule B (after section 6)
Insert:
Part 4 – Payment of Fees by instalments
7 Payment by instalments
(1) If a registered higher education provider, planning to make an application to which one of the fees set out in Schedule A applies, makes a request to pay the relevant fee by instalments and, TEQSA determines that the circumstances set out in subsection 7(2) exist, TEQSA may determine that the provider can pay the relevant fee by instalments.
(2) TEQSA may make a determination under subsection 7(1) where, in TEQSA’s opinion, special or unusual circumstances exist which would cause a requirement to pay the fee in a single instalment to be unreasonable or inequitable.
(3) In deciding whether to exercise its discretion under subsection 7(1), TEQSA must have regard to the objective of recovering the costs associated with TEQSA’s regulatory effort in the assessment of applications.
(4) TEQSA must, within 30 days of making a decision under subsection 7(1), notify the provider in writing of TEQSA’s decision and the reasons for that decision.
(5) The notification described in subsection 7(4) must also set out the terms and conditions for payment of the fee by instalments. The terms and conditions imposed by TEQSA in relation to payment by instalments must:
(a) Provide for payment of the full fee amount within 4 instalments or less;
(b) Set out the dates on which each instalment is due and provide for payment of the full fee amount within 12 months of the date on which the relevant application is made;
(c) be aimed at ensuring TEQSA recovers the full fee amount:
(i) as soon as is reasonably practicable, having regard to the registered higher education provider’s ability to pay the fee; and
(ii) (where the application is for the accreditation of a course of study) before TEQSA is required to make a decision regarding the application, per sections 47(1) or 49(2)(a) of the TEQSA Act (as relevant).
(6) If TEQSA exercises its discretion under subsection 7(1) in relation to the payment of a fee for an application, for the purposes of TEQSA’s assessment of the application:
(a) the application will be taken to be accompanied by the fee determined under section 158 of the TEQSA Act; or
(b) the applicant will be taken to have continued with the application by paying the fee determined under section 158 for a substantive assessment,
once the first instalment for the relevant fee has been paid.
8 Schedule B (at Part 4 – Merits Review)
Repeal heading, substitute “Part 5 – Merits review”
9 Schedule B (at section 7)
Repeal heading, substitute “8 Merits review”
10 Schedule B (at section 7)
Omit “5 or 6”, substitute “5, 6 or 7”
11 Schedule B (at section 8)
Repeal heading, substitute “9 Internal review”
12 Schedule B (at subsection 8(7))
Omit “paragraph 8(4)(a)”, substitute “paragraph 9(4)(a)”
13 Schedule B (at subsection 8(7))
Omit “subsection (6)”, substitute “subsection 8(6)”
14 Schedule B (at section 9)
Repeal heading, substitute “10 Review by the Administrative Appeals Tribunal”
15 Schedule B (at paragraph 9(b))
Omit “subsection 8(4)”, substitute “subsection 9(4)”
