Untitled document
Australian Skills Quality Authority instrument fixing fees No.1 of 2013
made under subsection 232(1) and subsection 232(5) of the National Vocational Education and Training Regulator Act 2011.
Compilation No. 2
Compilation date: 6 July 2018
Includes amendments up to: Australian Skills Quality Authority Instrument Fixing Fees Amendment Determination (No. 1) 2018 [F2018L01005]
About this compilation
This compilation
This is a compilation of the Australian Skills Quality Authority instrument fixing fees No.1 of 2013 that shows the text of the law as amended and in force on 6 July 2018 (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 ( 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Commonwealth of Australia
National Vocational Education and Training Regulator Act 2011
AUSTRALIAN SKILLS QUALITY AUTHORITY INSTRUMENT FIXING FEES No. 1 of 2013
PART 1 PRELIMINARY
1 Name of Instrument
This legislative instrument is the Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013.
3 Transitional arrangements – Australian Skills Quality Authority Instrument Fixing Fees Amendment (Annual Registration Fees) Determination 2017
The amendments of this instrument made by the Australian Skills Quality Authority Instrument Fixing Fees Amendment (Annual Registration Fees) Determination 2017 apply in relation to the registration of an NVR registered training organisation, or a registered provider, in relation to the financial year starting on 1 July 2017 and later financial years.
4 Authority
This legislative instrument is made under subsections 232(1) and 232(5) of the National Vocational Education and Training Regulator Act 2011.
5 Purpose
The purpose of this instrument is to determine:
(a)the amounts of fees the Australian Skills Quality Authority may charge for goods or services it provides in performing its functions to be the fees specified in the attached Schedule A; and
(b)other matters relating to the payment of fees as specified in the attached Schedule B.
6 Definitions
In this determination:
Act means the National Vocational Education and Training Regulator Act 2011.
ASQAmeans the Australian Skills Quality Authority.
ASQAnet means ASQA’s regulatory management database.
CRICOS means the Commonwealth Register of Institutions and Courses for Overseas Students, as specified in section 14A of the ESOS Act.
Delivery Site is defined as a permanent site at which training and/or assessment are delivered that is either owned or leased by the organisation. Multiple facilities at a single or co-located address are treated as one site.
ELICOS means an English Language Intensive Course for Overseas Students.
ESOS Act means the Education Services for Overseas Students Act 2000.
NVR means National Vocational Education and Training Regulator.
NVR registered training organisation has the meaning given by section 3 of the Act.
Qualification includes:
(a) training package qualifications and VET accredited courses and programs (including English Language Intensive Courses for Overseas Students, known as ELICOS); and
(b) for a single qualification, any number of units of competency in relation to the qualification.
Registered Provider has the meaning given in section 5 of the ESOS Act.
RTO means a registered training organisation, defined at section 3 of the Act.
Training Package is a nationally endorsed, integrated set of competency standards, assessment requirements, Australian Qualifications Framework qualifications, and credit arrangements for a specific industry, industry sector or enterprise.
Units of competency has the same meaning as in the Act.
Note: “Units of competency” is the term used for the specification of industry knowledge and skill and the application of that knowledge and skill to the standard of performance expected in the workplace.
VET accredited course has the meaning given at section 3 of the Act.
Note: An expression has the same meaning in this legislative instrument as in the National Vocational Education and Training Regulator Act 2011.
PART 2 SCHEDULES
Schedule A: Schedule of Fees
NVR registered training organisation fees
(a)For each fee specified in column 1, the fee is determined by applying the fee structure specified in column 2 to the amount specified in column 3 and is subject to the conditions in column 4.
(b)The imposition of the fees set out in this Schedule A is subject to matters specified in Schedule B.
1.1 Initial registration as a NVR registered training organisation | ||||
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Ref | Fee | Fee Structure | Amount | Other matters |
| 1.1.1 | Initial Application lodgement fee The fee payable under paragraph 16(3)(b) of the National Vocational Education and Training Regulator Act 2011 by a person applying for registration as an NVR registered training organisation. | Per application | $500 | · Paid on application |
| 1.1.2 | Initial Application assessment fee The fee that may be charged by ASQA under subsection 17(4) of the National Vocational Education and Training Regulator Act 2011 as a registration assessment fee when considering an application for registration as an NVR registered training organisation. | Per application | $8,000 | · Paid on invoice |
| 1.1 | 1.2 Renewal of registration as an NVR registered training organisation | |||
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Ref | Fee | Fee Structure | Amount | Other matters |
| 1.2.1 | Renewal Application fee The fee payable under subsection 31(2) of the National Vocational Education and Training Regulator Act 2011 by a person applying for renewal of registration as an NVR registered training organisation. | Per application | $500 | · Paid on application |
| 1.2 | 1.3 Change to NVR registered training organisation scope of registration | |||
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Ref | Fee | Fee Structure | Amount | Other matters |
| 1.3.1 | Change of Scope Application fee The fee payable under paragraph 32(2)(b) of the National Vocational Education and Training Regulator Act 2011 by an NVR registered training organisation when it makes an application to add to its scope of registration. | Per application | $500 | · Paid on application |
2. Fees for functions performed by ASQA as an ESOS Agency
(a)For each fee specified in column 1, the fee is determined by applying the fee structure specified in column 2 to the amount specified in column 3 and is subject to the conditions in column 4.
(b)The imposition of the fees set out in this Schedule A is subject to matters specified in Schedule B.
| 2.1 Initial CRICOS registration | ||||||
| Column 1 | Column 2 | Column 3 | Column 4 | |||
| Ref | Fee | Fee structure | Amount | Other matters | ||
| 2.1.1 | Initial Application lodgement fee The fee that may be charged when ASQA, as an ESOS Agency, receives an application from a provider that wishes to be registered to provide a qualification or qualifications at a delivery site or delivery sites to overseas students. | Per application | $500 | · Paid on application | ||
| 2.1.2 | Initial Application assessment fee The fee that may be charged when ASQA, as an ESOS Agency, considers a provider’s application for registration. | Base fee includes: · Up to 4 qualifications · Up to 2 delivery site Plus: | $8,000 | · Paid on invoice · Total application fee (including lodgement and assessment) capped at $50,000 | ||
| · each additional qualification | $155 | |||||
| · each additional delivery site | $1,640 | |||||
| 2.2 Renewal of CRICOS registration | ||||
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Ref | Fee | Fee structure | Amount | Other matters |
| 2.2.1 | Application lodgement fee The fee that may be charged when ASQA, as an ESOS Agency, receives an application from a provider that wishes to renew its registration. | Per application | $500 | · Paid on application |
| 2.2.2 | Application assessment fee The fee that may be charged when ASQA, as an ESOS Agency, considers a provider’s application for renewal of registration. | Base fee includes: · Up to 4 qualifications · Up to 2 delivery sites Plus: | $7,000 | · Paid on application Total application fee (including lodgement and assessment) capped at $50,000 |
| · each additional qualification | $155 | |||
| · each additional delivery site | $820 | |||
| 2.3 Change to scope of CRICOS registration | ||||
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Ref | Fee | Fee structure | Amount | Other matters |
| 2.3.1 | Change of Scope Application fee The fee that may be charged when ASQA, as an ESOS Agency, receives an application from a provider that wishes to increase student capacity or add one or more qualifications at one or more delivery sites to its registration. | Add 1 qualification | $500 | · Paid on application |
| Plus | $150 per each additional qualification | |||
| Additional student capacity and/or one additional (or replacement) delivery site, Plus: Each additional (or replacement) delivery site | $1,640 per application $820 per additional delivery site | |||
3. VET Course accreditation fees
(a)For each fee specified in column 1, the fee is determined by applying the fee structure specified in column 2 to the amount specified in column 3 and is subject to the conditions in column 4.
(b)The imposition of the fees set out in this Schedule A is subject to matters specified in Schedule B.
| 3.1 Initial VET course accreditation | ||||
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Ref | Fee | Fee structure | Amount | Other matters |
| 3.1.1 | Course Accreditation Application fee The fee payable under paragraph 43(2)(b) of the National Vocational Education and Training Regulator Act 2011 by a person who applies for accreditation of a course as a VET accredited course. | Each new application requires the payment of a: (a) single application fee; and (b) fee for each course listed in the application. | (a) Application fee is $500; (b) Course assessment fee is $7,570. | (a) Paid on application (b) Paid on invoice |
| 3.2 Renewal of VET course accreditation | ||||
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Ref | Fee | Fee structure | Amount | Other matters |
| 3.2.1 | Course Renewal Application fee The fee payable under subsection 50(2) of the National Vocational Education and Training Regulator Act 2011 by a person who applies to renew the accreditation of a VET accredited course. | Each new application requires the payment of a: (a) single application fee; and (b) fee for each course listed in the application. | (a) Application fee is $500; (b) Course assessment fee is $7,570. | (a) Paid on application (b) Paid on invoice |
| 3.3 Amendment to a VET accredited course | ||||
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Ref | Fee | Fee structure | Amount | Other matters |
| 3.3.1 | Application to Amend a VET Accredited Course The fee payable under subparagraph 51(3)(b)(ii) of the National Vocational Education and Training Regulator Act 2011 by a person who makes an application for a VET accredited course to be amended. | Per course – minor amendment Per course – major amendment | $1,145 $2,290 | · Paid on application |
Note: Minor amendments include:
-Amendments to VET accredited courses that include training package units in the course structure that have been superseded and are deemed equivalent; and
-Amendments to VET accredited courses that include training package units deemed not equivalent but do not impact on the outcome of the course; and
-Amendment to wording in sections of the VET accredited course document to reflect current industry practices/requirements, entry requirements, assessment strategy including performance evidence, trainer/assessor requirements.
Major amendments include:
- Amendments to VET accredited courses that include training package units that have been deleted from the parent training package;
- Amendments to VET accredited courses to include additional training package units as electives that do not impact on the outcome of the course; and
- Amendments to VET accredited courses to include additional enterprise units as elective options that do not impact on the outcome of the course.
Other fees
| 4.1 Request for review by ASQA of a decision made by a person or body with delegation to make a decision under section 224 or 225 of the Act | ||||
| Column 1 | Column 2 | Column 3 | Column 4 | |
| Ref | Fee | Fee Structure | Amount | Other matters |
| 4.1.1 | Reconsideration Application The fee payable under paragraph 200(3)(c) of the National Vocational Education and Training Regulator Act 2011 by a person affected by a reviewable decision made under a delegation under section 224 or 225 of that Act, and who applies for a review of that decision. | Per application | $1,000 | · Paid on application |
| 4.1.2 | Reassessment Application The fee payable under paragraph 41(4)(b) of the National Vocational Education and Training Regulator Act 2011 by an NVR registered training organisation where it requests ASQA to reassess its position in relation to the matters identified in subsections 41(1) and 41(2) | Per application Plus Per hour per officer for each subsequent hour after the fourth hour of work | $1,000 Plus $275 | · Paid on application · Covers up to 4 hours’ work · Paid upon invoice |
Schedule B – Matters relating to the payment of the fees listed in Schedule A
Refund of application / assessment fees
(a)A person who has paid an application fee is entitled to a refund of the amount paid if, before ASQA has commenced work on the application, the person notifies ASQA in writing that they wish to withdraw their application and ASQA has received the notification.
(c)A person who has paid a fee in relation to the assessment of an application is entitled to a refund of the amount paid if, before ASQA has commenced assessment of the application, the person notifies ASQA in writing that they wish to withdraw their application and ASQA has received the notification.
(d)If ASQA has not received written notification in accordance with subsection 3 (a) or (c) of this section, the person shall not be entitled to a refund / reduction of the relevant fee(s).
(e)A person who has paid the fee in relation to an application under paragraph 200(3)(c) of the Act is entitled to a refund of the amount paid if ASQA does not consider the application because the application does not relate to a reviewable decision within the meaning of section 199 of the Act.
(f)A fee is not refundable if an application is determined but rejected by ASQA.
Off-set of fees
The amount of any refund a person would otherwise be entitled to may be reduced by any other amount which the person owes to ASQA.
Waiver of a fee
(a)If ASQA has delegated particular function(s) specified in subsections 224(2), 225(1) and 226(1) of the Act, the fees prescribed in Schedule A are waived in relation to functions which are performed under the delegation.
(b) When an NVR registered training organisation applies simultaneously for a change of scope of registration for both registrations (RTO and CRICOS), for the same qualifications, ASQA will apply a single application fee, which will be the higher of the two.
(c) When a registered provider applies simultaneously for one or more additional delivery sites and an increase in their approved CRICOS student capacity, only the delivery site fees are payable.
(e) A fee that would otherwise be payable under the Act or the ESOS Act may be waived, in whole or in part where, in ASQA’s opinion:
(i) special or unusual circumstances exist which would cause the fee to be unreasonable or inequitable; or
(ii) the amount of the fees that remain unpaid is so small that its recovery would be uneconomical to pursue.
(f) The following circumstance does not constitute grounds for granting a waiver:
(i) where the person required to pay the fee ceases to exist, or ceases to be registered, or ceases to carry on business as a RTO or CRICOS provider.
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 |
| Australian Skills Quality Authority instrument fixing fees No.1 of 2013 | 30 July 2013 (F2013L01469) | 31 July 2013 | |
| Australian Skills Quality Authority Instrument Fixing Fees Amendment (Annual Registration Fees) Determination 2017 | 28 June 2017 (F2017L00782) | 1 July 2017 | - |
| Australian Skills Quality Authority Instrument Fixing Fees Amendment Determination (No. 1) 2018 | 5 July 2018 (F2018L01005) | 6 July 2018 | ss 2(2) |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 s 2 | rep 2018 (LA s 48D) |
| s 3 | rs 2017 (F2017L00782) |
| s 6 | am 2017 (F2017L00782); am 2018 (F2018L01005) |
| Schedule A cl 1 cl 2 cl 3 cl 4 Schedule B cl 1 cl 2 cl 3(b) cl 3(d) cl 5(d) | rep 2017 (F2017L00782) (table item 1.4); am 2018 (F2018L01005) rep 2017 (F2017L00782) (table item 2.4); am 2018 (F2018L01005) am 2018 (F2018L01005) am 2018 (F2018L01005) rep 2018 (F2018L01005) rep 2017 (F2017L00782) rep 2018 (F2018L01005) am 2018 (F2018L01005) rep 2017 (F2017L00782) |
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