Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees (Amendment) No. 1 of 2016

Administered by Department of Education

Legislation au F2016L01078 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees (Amendment) No. 1 of 2016

 

 

 

Issued by the authority of the Tertiary Education Quality and Standards Agency (TEQSA)

 

 

Subject:  Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees (Amendment) No. 1 of 2016

 

 

Authority

 

Subsection 158(1) of the Tertiary Education Quality and Standards Agency Act 2011 (the Act) allows TEQSA to determine, by legislative instrument, fees that TEQSA may charge for things done in the performance of its functions.

 

Purpose and operation

 

The purpose of the instrument is to amend Determination of Fees No. 3 of 2013 to provide for the fees payable for applications for registration and renewal of registration under the Education Services for Overseas Students Act 2000 (ESOS Act). The amendment is necessary as a result of amendments to the ESOS Act made by the Education Services for Overseas Students Amendment (Streamlining Regulation) Act 2015 which commence on 1 July 2016.

 

The amendment made by this instrument provides that the same fee will be payable for applications for registration or renewal of registration as is currently payable under the ESOS Act for the equivalent applications to TEQSA in its capacity as a designated authority.  

 

The Australian Government has previously decided that TEQSA is to function on a cost recovery basis for certain activities. The determination of the fees is based on TEQSA’s estimate of the costs associated with particular activities, such as staff time, travel and associated costs, and considering historic comparative data and modelling of future costs, and considering historic comparative data and modelling of future costs. TEQSA also considered the fees charged by other agencies, including the state and territory accrediting authorities and the former Australian Universities Quality Agency. The 2016-17 Budget includes a measure for the Department of Education and Training to undertake a review of TEQSA’s cost recovery arrangements. Accordingly, the fee amended by this instrument will be considered as part of that review.

 


TEQSA has responsibility for a broader range of activities than predecessor agencies and has therefore taken a different approach to structuring its fees. TEQSA will only charge for certain activities. Activities including compliance, monitoring and enforcement will not attract a fee. Nor are there any annual charges required to be paid to TEQSA such as those that may have been charged previously by the state and territory authorities (providers registered on CRICOS will also need to pay an annual registration charge under the Education Services for Overseas Students (Registration Charges) Act 1997.

 

Description of the provisions

Item 1 of the Schedule to the Instrument amends Item 8 of the Table in Schedule A to Determination of Fees No. 3 of 2013. The amendment provides that the fee for applications under ss 9 and 10D of the Education Services for Overseas Students Act is $5,000.

 

Consultation

 

TEQSA previously consulted in relation to the development of the Determination of Fees No. 1 of 2012 and details of the consultation arrangements undertaken are set out in the explanatory statement to that instrument.

 

Given that the only amendment made by the instrument is to retain the existing fee for a provision being amended by the Education Services for Overseas Students Amendment (Streamlining Regulation) Act 2015, TEQSA did not consider it necessary to undertake further consultations. Consistent with the requirement in subsection 158(5) of the TEQSA Act, the Minister for Education and Training gave written approval to the making of the instrument.

 

The higher education sector and other stakeholders will be fully consulted as part of the review of TEQSA’s cost recovery arrangements, noted above.

 

Commencement

 

This Determination is a legislative instrument for the purposes of the Legislation Act 2003 and will commence on 1 July 2016.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees (Amendment) No. 1 of 2016

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

Overview of the Legislative Instrument

The purpose of the instrument is to amend Determination of Fees No. 3 of 2013, which determines the fees charged by TEQSA for things done in the performance of its functions.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

                                

_______________________     _______________________ 

Professor Nicholas Saunders AO    Linley Martin

Chief Commissioner      Commissioner

 

 

 

________________________ 

Emeritus Professor Cliff Walsh

Commissioner

 

 

 

 

Tertiary Education Quality and Standards Agency

Overview

The Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees (Amendment) No. 1 of 2016 was introduced to address the need for updated fee structures in light of legislative changes to the Education Services for Overseas Students Act 2000, as amended by the Education Services for Overseas Students Amendment (Streamlining Regulation) Act 2015. This amendment ensures that the fees for applications for registration and renewal of registration under the ESOS Act remain consistent with those charged by the Tertiary Education Quality and Standards Agency (TEQSA) when acting as a designated authority. The amendment was enacted by TEQSA under the authority granted by Subsection 158(1) of the Tertiary Education Quality and Standards Agency Act 2011, which allows TEQSA to set fees for its activities through legislative instruments. The policy objective here is to align TEQSA's fee structure with the current legislative requirements and to ensure that the agency's operations are cost-effective and comparable with other accrediting authorities. The fees are determined based on TEQSA's estimated costs for related activities, considering factors such as staff time and travel expenses, and are subject to review as part of the broader cost recovery arrangements assessment by the Department of Education and Training.

Scope and Application

The Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees (Amendment) No. 1 of 2016 applies to the Tertiary Education Quality and Standards Agency (TEQSA) in its capacity to set fees for specific activities related to its functions. This includes fees for applications for registration and renewal of registration under the Education Services for Overseas Students Act 2000. The amendment ensures that the fees align with those applicable under the ESOS Act for equivalent applications submitted to TEQSA. This legislative instrument has a national reach across Australia, as TEQSA is a Commonwealth agency with jurisdiction over the regulation of higher education providers. The amendment does not extend to other types of applications or activities, such as compliance, monitoring, and enforcement, which are not subject to fees under this determination. The amendment is necessary due to changes in the ESOS Act introduced by the Education Services for Overseas Students Amendment (Streamlining Regulation) Act 2015, which commenced on 1 July 2016. The fees are set based on TEQSA's estimated costs, considering factors such as staff time, travel, and comparative data from other agencies.

Key Provisions

The Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees (Amendment) No. 1 of 2016 (the Amendment) amends the Determination of Fees No. 3 of 2013. Specifically, the Amendment modifies Item 8 of the Table in Schedule A of the Determination to set the fee for applications for registration and renewal of registration under the Education Services for Overseas Students Act 2000 (ESOS Act) at $5,000, effective from 1 July 2016. This change aligns the fees with those stipulated by the Education Services for Overseas Students Amendment (Streamlining Regulation) Act 2015. The Amendment imposes on the Tertiary Education Quality and Standards Agency (TEQSA) the obligation to charge a fee of $5,000 for applications for registration and renewal of registration under the ESOS Act. TEQSA must ensure that these fees are set based on the estimated costs associated with processing these applications, including staff time, travel, and other related expenses. TEQSA also considered fees charged by other relevant agencies when determining the fee structure. Moreover, TEQSA is required to operate on a cost recovery basis for certain activities, with specific activities such as compliance, monitoring, and enforcement remaining fee-free. Failure to comply with the fees set out in the Amendment may result in administrative penalties. The Tertiary Education Quality and Standards Agency Act 2011 provides for civil and criminal penalties for non-compliance with its provisions. However, the Amendment itself does not specify particular penalties for not adhering to the fee structure. It is essential to note that the fees determined by this Amendment will be part of a broader review of TEQSA’s cost recovery arrangements, as outlined in the 2016-17 Budget. The Amendment also confirms that it is compatible with human rights as it does not engage any of the applicable rights or freedoms under the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Minister for Education and Training has approved the making of this instrument, and it will commence on 1 July 2016. The decision not to undertake further consultations for this particular amendment was based on the minor nature of the change, which aligns with the existing fee structure following legislative amendments.

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Education Law
Instrument
Legislative Instrument
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Definitions & Interpretation
Fees
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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.