Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees No. 1 of 2013

Administered by Department of Industry, Science and Resources

Legislation au F2013L00438 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Determination of Fees No. 1 of 2013

 

 

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

 

 

Subject:   Tertiary Education Quality and Standards Agency Act 2011

Determination of Fees No. 1 of 2013

 

 

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.

 

Subsection 158(3) of the Act further allows TEQSA to determine other matters relating to the payment of fees. In particular, paragraph 158(3)(c) permits TEQSA to determine the circumstances in which fees may be waived.

 

 

Purpose and operation

 

The purpose of the instrument is to determine the fees that TEQSA may charge for things done in the performance of its functions and when the fees may be waived. While the instrument revokes Determination of Fees No. 3 of 2012, the content of this instrument is largely identical to the previous instrument, except for a separate subcategory of the fee for the accreditation of a course of study where no new enrolments are permitted and the course of study will cease to be provided to students within 24 months of the date on which the provider’s current accreditation for the course is to end. The instrument also includes the discretion to waive the fee for the renewal of accreditation of a course of study where no new enrolments are permitted and the provider ceases to provide the course at the conclusion of the first teaching period that commences after the date on which the provider’s current accreditation for the course is to end.

 

On 29 January 2012, TEQSA assumed regulatory responsibility for functions that were previously performed by the states and territories in relation to the matters dealt with by the Act.

 

TEQSA has determined the fees based on a decision by the Australian Government that TEQSA is to function on a partial cost recovery basis. As the determination of these fees necessarily predated the commencement of TEQSA’s regulatory 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. TEQSA also considered the fees charged by other agencies, including the state and territory accrediting authorities and the former Australian Universities Quality Agency. TEQSA will review these fees commencing in 2013 having regard to the collected data on costs for performing TEQSA’s functions following commencement of TEQSA’s regulatory activity.

 

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 to pay an annual registration charge under the Education Services for Overseas Students (Registration Charges) Act 1997.

 

Description of the provisions

The Instrument has two Schedules.

 

Schedule A of the Instrument sets out the fees payable. The Schedule includes fees that are specifically referred to in the Act, such as fees to accompany particular applications (for example applications for registration as a higher education provider under the Act: see subsection 18(3)).

 

Schedule A also includes other fees for services provided by TEQSA in performing its functions. TEQSA’s functions are listed in section 134 of the Act and include functions that are conferred on TEQSA by or under any other Commonwealth Law. Relevantly, TEQSA is a designated authority for the purposes of the ESOS Act and has been delegated responsibilities under the ESOS Act from both the Minister and Secretary of the Department of Industry, Innovation, Science, Research and Tertiary Education (DIISRTE). The Instrument sets out fees payable for services provided by TEQSA as a designated authority. The following matters are relevant to the fees for services provided by TEQSA as a designated authority under the ESOS Act:

  • these fees are in addition to any fees for applications made to TEQSA under the TEQSA Act.
  • TEQSA will usually recommend that any applications under the ESOS Act for registration to provide an additional course of study be registered for a duration which ends on the same date as any CRICOS registration for that provider. This means that a provider will usually only need to make one application for re-registration to provide all courses of study.
  • TEQSA will not charge a fee for an application for registration to provide a course in a state where the provider is already registered to provide that course in another state.

 

 

Schedule B of the instrument sets out the circumstances in which fees payable under Schedule A may be waived under paragraph 158(3)(c) of the Act. The Schedule allows for certain fees to be waived when an applicant was approved as a higher education provider by a government accreditation authority at 29 January 2012 but was not yet offering or conferring a course of study. The Schedule also allows for the renewal of accreditation application fee to be waived for courses of study where no new enrolments are permitted and the provider ceases to provide the course at the conclusion of the first teaching period that commences after the date on which the provider’s current accreditation for the course is to end.


Consultation

 

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

 

Given that only a small number of courses offered by a small number of higher education providers are likely to be affected by the changes made in this instrument in relation to the waiver of fees, and the changes are required to be made urgently for the purposes of addressing circumstances that have not previously been considered, TEQSA did not consider it necessary to undertake further consultations.

 

TEQSA is reviewing these fees and will consider any further relevant information available at that time, including feedback from higher education providers. TEQSA will also consult with higher education providers and other stakeholders as part of the review to ensure that these stakeholders have a further opportunity to inform the approach to the development of TEQSA’s fee arrangements.

 

 

Commencement

 

This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and will commence on the day after registration on the Federal Register of Legislative Instruments.


 

 

 

 

 

 

 

 

 

 

 

Overview

The Determination of Fees No. 1 of 2013 was issued under the authority of the Chief Commissioner of the Tertiary Education Quality and Standards Agency (TEQSA) in accordance with the Tertiary Education Quality and Standards Agency Act 2011. The Act was enacted to establish TEQSA as the national regulator of Australia's higher education sector, replacing the previous accreditation functions performed by the states and territories. This legislation aimed to address the need for a unified regulatory framework to ensure quality and standards in the provision of higher education across Australia. The policy objective behind the Act is to protect the public interest by ensuring that higher education providers maintain certain quality standards and by providing information to students and the public about the quality of education providers and courses. The Determination of Fees No. 1 of 2013 establishes the fees that TEQSA may charge for services provided in the performance of its functions and specifies the circumstances under which these fees may be waived, ensuring that the agency can operate on a partial cost recovery basis while providing transparent and fair fee arrangements for higher education providers.

Scope and Application

The Determination of Fees No. 1 of 2013, issued under the Tertiary Education Quality and Standards Agency Act 2011, governs the fees that the Tertiary Education Quality and Standards Agency (TEQSA) may charge for its functions, as well as the circumstances under which these fees may be waived. TEQSA, established under the Act, has assumed regulatory responsibility for tertiary education quality and standards previously managed by state and territory authorities. The fees are determined based on an estimated cost recovery approach, considering factors such as staff time, travel costs, and fees charged by comparable agencies. Notably, TEQSA operates on a partial cost recovery basis, meaning it only charges for specific activities and not for all its functions. Certain activities, including compliance, monitoring, and enforcement, do not attract a fee, and there are no annual charges for TEQSA registration, unlike previous state and territory authorities. The fees outlined in Schedule A of the instrument cover services such as applications for registration and accreditation, with additional fees applicable for TEQSA's role as a designated authority under the Education Services for Overseas Students Act 1997. Schedule B of the instrument details the circumstances under which these fees may be waived, such as for providers approved by government accreditation authorities prior to TEQSA's establishment or for courses where no new enrolments are permitted and the course will cease within 24 months. This Determination applies nationally, and its provisions are subject to review starting in 2013, with TEQSA considering additional stakeholder feedback during the review process.

Key Provisions

The Determination of Fees No. 1 of 2013, made by the Tertiary Education Quality and Standards Agency (TEQSA) under the Tertiary Education Quality and Standards Agency Act 2011, sets out the fees TEQSA may charge for its regulatory functions and the circumstances under which these fees may be waived (Schedule A and Schedule B). This instrument was enacted to provide clarity on fee structures and conditions, replacing the previous Determination of Fees No. 3 of 2012 with some modifications, particularly concerning the accreditation of courses where no new enrolments are permitted and the course will cease within 24 months (subsection 158(1)). The fees are determined based on the costs associated with TEQSA's activities, considering comparative data and modelling of future costs, and are structured to cover specific services provided by TEQSA, including those under the Education Services for Overseas Students Act (ESOS Act) (subsection 158(3)). TEQSA imposes obligations on parties subject to its regulatory purview, primarily higher education providers, to pay the specified fees for services rendered. These obligations include timely payment of fees for applications, registrations, and other services as outlined in Schedule A. Providers must ensure they are aware of and comply with the fee structures and conditions for fee waivers as stipulated in Schedule B. The fees are intended to cover the costs associated with TEQSA’s regulatory activities, ensuring that these are met to maintain the quality and standards of tertiary education in Australia. Failure to comply with the fee requirements set forth in the Determination of Fees No. 1 of 2013 can lead to enforcement actions. The Tertiary Education Quality and Standards Agency Act 2011 provides for various penalties for non-compliance, including fines and other administrative measures. Although specific penalties are not detailed within the Determination itself, the overarching legislation empowers TEQSA to take appropriate actions to ensure compliance, which may include civil or criminal penalties as determined by the relevant authorities. The exact penalties for breaches would depend on the nature and severity of the non-compliance, as well as any subsequent legal proceedings.

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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.