Untitled document
National Vocational Education and Training Regulator (Charges) Determination 2013 (No. 1)
made under subsections 6B(1), 9(2), 12(2) and section 13 of the National Vocational Education and Training Regulator Act 2011.
Compilation No. 2
Compilation date: 6 July 2018
Includes amendments up to: National Vocational Education and Training Regulator (Charges) Amendment Determination (No. 1) 2018 [F2018L01007]
About this compilation
This compilation
This is a compilation of the National Vocational Education and Training Regulator (Charges) Determination 2013 (No.1) 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 (Charges) Act 2012
NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (CHARGES) DETERMINATION 2013 (No.1)
PART 1 PRELIMINARY
Name of Instrument
This legislative instrument is the National Vocational Education and Training Regulator (Charges) Determination 2013 (No. 1).
Authority
This instrument is made under the following provisions of the National Vocational Education and Training Regulator (Charges) Act 2012:
(a)subsection 6B(1);
(b)subsection 9(2);
(c)subsection 12(2);
(d)section 13.
Purposes
The purposes of this instrument are to determine the following:
(a) an amount of National VET Regulator annual registration charge for the purposes of Part 1A of the Charges Act;
(b) the formulas for calculating charges payable under Part 2 or 3 of the Charges Act;
(c) the circumstances in which any of those charges may be waived in whole or in part under Part 4 of the Charges Act.
Note: Part 2 of the Charges Act imposes a charge for a compliance audit of an NVR registered training organisation’s operations. Part 3 of the Charges Act imposes a charge for the investigation of a complaint about an NVR registered training organisation.
7 Definitions
In this instrument:
ASQA means the National VET Regulator established under subsection 155(1) of the National Vocational Education and Training Regulator Act 2011 and specified under section 5 of the National Vocational Education and Training Regulator Regulations 2011 to be known as the Australian Skills Quality Authority.
Auditor means a person who conducts a compliance audit on behalf of ASQA;
Charges Act means the National Vocational Education and Training Regulator (Charges) Act 2012.
Complaint Officer means a person who conducts an investigation into a complaint on behalf of ASQA;
ASQA official travel costs means:
(1) reasonably incurred airfares; and
(2)such other travel expenses which may reasonably be incurred, including but not limited to, accommodation, car rental and meals.
National VET Regulator annual registration charge means the charge imposed by section 6A of the Charges Act.
NVETR Act means the National Vocational Education and Training Regulator Act 2011.
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.
Reasonable expenses means expenses that would be incurred by APS employees or officials performing similar or comparable work in overseas locations in accordance with the then current Commonwealth policy governing overseas travel expenses.
Training package means 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 NVETR Act.
Note 1: “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.
Note 2: An expression has the same meaning in this instrument as in the Charges Act (see section 13 of the Legislation Act 2003). Section 3 of the Charges Act provides that an expression used in the Charges Act has the same meaning as in the NVETR Act.
Part 1A—National VET Regulator annual registration charge
7A General
(1) For the purposes of section 6B of the Charges Act, this Part determines an amount, or amounts, of National VET Regulator annual registration charge for a person.
(2) The following amounts of National VET Regulator annual registration charge are determined for a person:
(a) any amount or amounts of charge determined for the person under section 7B;
(b) any amount or amounts of charge determined for the person under section 7C.
7B Amount determined for registration as an NVR registered training organisation
Scope
(1) This section applies to a person if the person starts or continues to be registered during a financial year as an NVR registered training organisation, in relation to a particular registration.
(2) If this section applies to a person in relation to 2 or more different registrations of the person as an NVR registered training organisation, this section applies in relation to each such registration.
Amount determined
(3) An amount of National VET Regulator annual registration charge for the registration is determined for the person for the financial year in accordance with the following table (subject to subsection (5)):
| Amount of charge—registration as an NVR registered training organisation | ||
| Item | For this number of qualifications … | the amount of charge for the financial year in relation to the registration is as follows … |
| 1 | 0 to 4 qualifications | $1,130. |
| 2 | 5 to 10 qualifications | $3,220. |
| 3 | 11 to 60 qualifications | $6,975. |
| 4 | 61 or more qualifications | $10,730. |
(4) For the purposes of subsection (3), the number of qualifications is the number of qualifications registered in the scope of registration that applies to the registration on:
(a) the first day of the financial year; or
(b) if the registration starts after the first day of the financial year—the first day of the first whole month after the registration starts.
If registration as an NVR registered training organisation starts during financial year
(5) If the registration starts after the first day of a financial year, the amount of charge is the amount worked out as follows:
where:
number of remaining months means the number of whole months remaining in the financial year after the start of the registration.
subsection (3) amount means the amount that would otherwise be determined for the registration for the financial year under subsection (3).
Note: If a person’s registration as mentioned in subsection (1) ends during a financial year, a pro rata refund worked out on the same basis is payable to the person: see subsection 232A(4) of the NVETR Act.
7C Amount determined for registration as a registered provider if the National VET Regulator is an ESOS agency for the provider
Scope
(1) This section applies to a person if:
(a) the person starts or continues to be registered during a financial year as a registered provider in relation to a particular registration; and
(b) the National VET Regulator is the ESOS agency (within the meaning of the Education Services for Overseas Students Act 2000) for the registered provider in relation to a course (or courses) covered by that registration.
Note: A registered provider is a provider registered under Part 2 of the Education Services for Overseas Students Act 2000 (see section 3 of the NVETR Act).
(2) If this section applies to a person in relation to 2 or more different registrations of the person as a registered provider, this section applies in relation to each such registration.
Amount determined
(3) An amount of National VET Regulator annual registration charge for the registration is determined for the person for the financial year in accordance with the following table (subject to subsection (5)):
| Amount of charge—registration as a registered provider if the National VET Regulator is an ESOS agency for the provider | ||
| Item | For this number of qualifications … | the amount of charge for the financial year in relation to the registration is as follows … |
| 1 | 0 to 2 qualifications | $950. |
| 2 | 3 to 4 qualifications | $1,645. |
| 3 | 5 to 50 qualifications | $4,375. |
| 4 | 51 or more qualifications | $7,100. |
(4) For the purposes of subsection (3), the number of qualifications is the number of courses in relation to which this section applies that are covered by the registration on:
(a) the first day of the financial year; or
(b) if the registration starts after the first day of the financial year—the first day of the first whole month after the registration starts.
Note: This section applies in relation to a course only if the National VET Regulator is the ESOS agency for the registered provider in relation to the course (see paragraph (1)(b)).
If registration as a registered provider starts during financial year
(5) If the registration starts after the first day of a financial year, the amount of charge is the amount worked out as follows:
where:
number of remaining months means the number of whole months remaining in the financial year after the start of the registration.
subsection (3) amount means the amount that would otherwise be determined for the registration for the financial year under subsection (3).
Note: If the person’s registration as mentioned in subsection (1) ends during a financial year, a pro rata refund worked out on the same basis is payable to the person: see subsection 232A(4) of the NVETR Act.
7D Waiver of National VET Regulator annual registration charge
(1) For the purposes of paragraph 13(b) of the Charges Act, a National VET Regulator annual registration charge may be waived, in whole or in part, if, in the opinion of ASQA’s Chief Commissioner:
(a) special or unusual circumstances exist which would cause the charge to be unreasonable or inequitable; or
(b) the amount of the charge that remains unpaid is so small that its recovery would be uneconomical to pursue.
(2) However, the following circumstances do not constitute grounds for granting a waiver:
(a) the person liable to pay the charge is a body that has ceased to exist;
(b) the person liable to pay the charge stops being registered as an NVR registered training organisation, or as a registered provider;
(c) the person liable to pay the charge stops carrying on business as an NVR registered training organisation, or as a registered provider.
Part 2—Compliance audit and complaint investigation charges
8 Calculation Formulas
For the purpose of subsection 9(1) of the Charges Act, a charge under Part 2 of that Act is to be calculated according to the following formula:
(a) the amount of $275 per Auditor per hour to conduct a compliance audit; and
(b) if any part of a compliance audit is conducted outside Australia, requiring ASQA to send an Auditor overseas, then in addition to the costs and expenses determined in accordance with paragraph 8(1)(a), the costs and expenses that ASQA:
(i) would have incurred under its International Travel Policy had the Auditor been an official of ASQA; or
(ii) has actually incurred under its International Travel Policy because the Auditor is an official of ASQA.
For the purpose of subsection 12(1) of the Charges Act, where a complaint is found to have been substantiated, a charge under Part 3 of that Act is to be calculated according to the following formula:
(a)the amount of $275 per Complaint Officer per hour to conduct an investigation into the complaint; and
(b)the amount of $275 per Auditor per hour to conduct a compliance audit as a part of the investigation; and
(c)if any part of the investigation or compliance audit is conducted outside Australia, requiring ASQA to send an Auditor or a Complaint Officer overseas, then in addition to the costs and expenses determined in accordance with paragraph 8(2)(a), the costs and expenses that ASQA:
(i)would have incurred under its International Travel Policy had the Auditor or Complaint Officer been an official of ASQA; or
(ii)has actually incurred under its International Travel Policy because the Auditor or Complaint Officer is an official of ASQA.
9 Circumstances in which a charge may be waived in whole or in part
For the purpose of subsection 13(b) of the Charges Act, a charge that would otherwise be payable under that Act may be waived, in whole or in part where, in the opinion of ASQA’s Chief Commissioner;
(a) special or unusual circumstances exist which cause the charge to be unreasonable or inequitable; or
(b) the amount of the charge that remains unpaid is so small that its recovery would be uneconomical to pursue.
For the purposes of paragraph 9(1)(a), the following circumstances do not constitute grounds for granting a waiver:
(a)where the NVR registered training organisation required to pay the charge did not consent to the compliance audit or complaint investigation that resulted in the imposition of a charge; or
(b)where the NVR registered training organisation required to pay the charge does not agree with the outcome of the compliance audit or complaint investigation that resulted in the imposition of a charge; or
(c)where the NVR registered training organisation required to pay the charge ceases to exist, or ceases to be an NVR registered training organisation, or ceases to carry on business as a registered training organisation.
10 Auditor and Complaint Officer Charge for a part hour
For the purpose of paragraphs 8(1)(a) or 8(2)(a), where an Auditor or a Complaint Officer has taken:
(a)less than 30 minutes to conduct, and complete, a compliance audit or a complaint investigation, the amount of the charge is zero dollars;
(b)30 minutes or more, to conduct, and complete, a compliance audit or a complaint investigation, the amount of the charge is calculated at the rate of $68.75 for each 15 minute block of work completed.
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 |
| National Vocational Education and Training Regulator (Charges) Determination 2013 (No.1) | 30 July 2013 (F2013L01468) | 31 July 2013 | s 4 |
| National Vocational Education and Training Regulator (Charges) Amendment (Annual Registration Charge) Determination 2017 | 28 June 2017 (F2017L00784) | 1 July 2017 | - |
| National Vocational Education and Training Regulator (Charges) Amendment Determination (No. 1) 2018 | 5 July 2017 (F2018L01007) | 6 July 2018 | ss 2(2) |
Endnote 4—Amendment history
| Provision affected | How affected |
| Section 2 | rep 2018 (LA s 48D) |
| Section 3 Section 4 | rep 2017 (F2017L00784) rep 2017 (F2017L00784) |
| Section 5 | rs 2017 (F2017L00784) |
| Section 6 | rs 2017 (F2017L00784) |
| Section 7 | am 2017 (F2017L00784) ad 2018 (F2018L01007) |
| Section 8 | rs 2018 (F2018L01007) |
| Section 10 | rs 2018 (F2018L01007) |
| Part 1A | ad 2017 (F2017L00784) |
| Part 2 (heading) | rs 2017 (F2017L00784) rs 2018 (F2018L01007) |
| Part 3 (heading) | rep 2017 (F2017L00784) |
| Part 4 (heading) | rep 2017 (F2017L00784) |
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