Higher Education Support Amendment (Cost Recovery) Act 2019

Administered by Department of Education

Legislation au C2019A00086 In force Act

Legislation content

 

 

 

 

 

 

Higher Education Support Amendment (Cost Recovery) Act 2019

 

No. 86, 2019

 

 

 

 

 

An Act to amend the Higher Education Support Act 2003, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Higher education provider application fee

Higher Education Support Act 2003

Part 2—Higher education provider charge

Higher Education Support Act 2003

 

 

 

Higher Education Support Amendment (Cost Recovery) Act 2019

No. 86, 2019

 

 

 

An Act to amend the Higher Education Support Act 2003, and for related purposes

[Assented to 28 October 2019]

The Parliament of Australia enacts:

1  Short title

  This Act is the Higher Education Support Amendment (Cost Recovery) Act 2019.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 October 2019

2.  Schedule 1, Part 1

1 January 2020.

1 January 2020

3.  Schedule 1, Part 2

At the same time as the Higher Education Support (Charges) Act 2019 commences.

However, the provisions do not commence at all if that Act does not commence.

1 January 2020

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Higher education provider application fee

Higher Education Support Act 2003

1  At the end of subsection 16‑40(2)

Add:

 ; and (c) must be accompanied by the fee (if any) prescribed by, or worked out in accordance with the method prescribed by, the Higher Education Provider Guidelines.

Note: The guidelines may prescribe different fees, or methods, for applications made by different kinds of applicant: see subsection 33(3A) of the Acts Interpretation Act 1901.

2  At the end of section 16‑40

Add:

 (3) A fee prescribed, or worked out in accordance with a method prescribed, for the purposes of subsection (2) must not be such as to amount to taxation.

Part 2—Higher education provider charge

Higher Education Support Act 2003

3  After section 19‑65

Insert:

19‑66  Higher education provider charge

 (1) A higher education provider must pay the following when it is due and payable by the provider:

 (a) *higher education provider charge;

 (b) any penalty for late payment of higher education provider charge.

Note: Higher education provider charge is imposed by the Higher Education Support (Charges) Act 2019.

 (2) The Higher Education Provider Guidelines may make provision for, or in relation to, all or any of the following matters:

 (a) the issue of notices setting out the amount of *higher education provider charge payable by a provider;

 (b) when higher education provider charge is due and payable;

 (c) the issue of notices extending the time for payment of higher education provider charge;

 (d) penalties for late payment of higher education provider charge;

 (e) to whom higher education provider charge and any penalties for late payment are payable;

 (f) the refund, remission or waiver of higher education provider charge or penalties for late payment;

 (g) the review of decisions made under the Higher Education Provider Guidelines in relation to the collection or recovery of higher education provider charge;

 (h) any other matters relating to the collection or recovery of higher education provider charge.

4  Subclause 1(1) of Schedule 1

Insert:

higher education provider charge means charge imposed by the Higher Education Support (Charges) Act 2019.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 4 July 2019

Senate on 11 September 2019]

 

(102/19)

 

Overview

The Higher Education Support Amendment (Cost Recovery) Act 2019 was enacted by the Parliament of Australia to address gaps in the financial sustainability and cost recovery mechanisms within the higher education sector. This Act amends the Higher Education Support Act 2003, introducing provisions that enhance the framework for cost recovery by higher education providers. It aims to ensure that fees and charges associated with higher education applications and provider charges are clearly defined and effectively managed, thereby supporting the financial viability of higher education institutions. The policy objective behind this amendment is to establish a more structured and transparent process for fee and charge imposition, ensuring these do not amount to taxation and are properly accounted for within the higher education system. The commencement provisions of the Act are meticulously scheduled to align with the implementation of related legislation, notably the Higher Education Support (Charges) Act 2019. This strategic alignment ensures that the amendments take effect at the appropriate times, facilitating a seamless integration of the new cost recovery mechanisms. The Act also provides for the Higher Education Provider Guidelines to detail specific fees and charge-related matters, ensuring flexibility and specificity in application to different types of applicants and providers.

Scope and Application

The Higher Education Support Amendment (Cost Recovery) Act 2019 applies to higher education providers as defined under the Higher Education Support Act 2003. This includes institutions that are authorised under the Australian Qualifications Framework to issue qualifications. The Act regulates the fees and charges applicable to these providers, ensuring that the fees do not amount to taxation. The amendments introduced by this Act will apply nationally across Australia, given its enactment by the Commonwealth Parliament. Specific provisions of the Act commence on different dates, with some provisions coming into effect on the day the Act receives Royal Assent on 28 October 2019, and others on 1 January 2020 or in conjunction with the commencement of the Higher Education Support (Charges) Act 2019, if it commences. The Act may be further extended or restricted through subordinate instruments, such as guidelines or regulations, which can provide additional details or specifications for the implementation of the higher education provider charge and related matters.

Key Provisions

The Higher Education Support Amendment (Cost Recovery) Act 2019 primarily amends the Higher Education Support Act 2003 to introduce and regulate the collection of fees related to higher education providers. The Act introduces a higher education provider application fee, which must accompany applications for registration or re-registration of a higher education provider (16-40(2)). The fee is to be prescribed by or calculated according to methods prescribed in the Higher Education Provider Guidelines and must not be deemed as taxation (16-40(3)). Additionally, the Act introduces a higher education provider charge, which higher education providers must pay when due (19-66). This charge is imposed by the Higher Education Support (Charges) Act 2009 and is subject to guidelines that may include provisions for the collection, penalties for late payments, and the review of related decisions (19-66(2)). The Higher Education Support Amendment (Cost Recovery) Act 2019 imposes specific obligations on higher education providers. These include paying the higher education provider charge as stipulated in the Higher Education Support (Charges) Act 2019, which is accompanied by penalties for late payment (19-66). Furthermore, higher education providers must adhere to the Higher Education Provider Guidelines, which may detail methods for calculating fees, the timing of payments, and the procedures for reviewing decisions related to the collection of charges (19-66(2)). Providers must ensure that the fees they pay do not amount to taxation and must accompany their applications with the prescribed fee if any (16-40(2), 16-40(3)). Failure to comply with the requirements of the Higher Education Support Amendment (Cost Recovery) Act 2019 may result in civil or criminal penalties. While the Act itself does not specify penalties for non-compliance, it refers to the Higher Education Support (Charges) Act 2019 for the imposition of charges and penalties for late payments. Providers who fail to pay the higher education provider charge or incur penalties for late payments may face financial repercussions as outlined in the Higher Education Provider Guidelines. Additionally, any fees calculated or prescribed in a manner that amounts to taxation would be unlawful, potentially leading to legal consequences under other applicable laws.

Legal classification tags

Area of Law
Education Law
Revenue Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Higher Education Provider Application Fee
Higher Education Provider Charge
Fees

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.