Tertiary Education Quality and Standards Agency Amendment (Cost Recovery) Act 2021
No. 80, 2021
An Act to amend the Tertiary Education Quality and Standards Agency Act 2011, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Registered higher education provider charge
Tertiary Education Quality and Standards Agency Act 2011
Tertiary Education Quality and Standards Agency Amendment (Cost Recovery) Act 2021
No. 80, 2021
An Act to amend the Tertiary Education Quality and Standards Agency Act 2011, and for related purposes
[Assented to 13 August 2021]
The Parliament of Australia enacts:
1 Short title
This Act is the Tertiary Education Quality and Standards Agency Amendment (Cost Recovery) Act 2021.
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. The whole of this Act | The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) the commencement of the Tertiary Education Quality and Standards Agency (Charges) Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 January 2022 (paragraph (b) applies) |
Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Registered higher education provider charge
Tertiary Education Quality and Standards Agency Act 2011
1 Section 5
Insert:
registered higher education provider charge means charge imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021.
2 After section 26B
Insert:
26C Condition—registered higher education provider charge must be paid
(1) A registered higher education provider must pay the following when they are due and payable by the provider:
(a) registered higher education provider charge;
(b) any penalty for late payment of registered higher education provider charge.
Note: Registered higher education provider charge is imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021.
(2) The Registered Higher Education Provider Charge 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 registered higher education provider charge payable by a provider;
(b) when registered higher education provider charge is due and payable;
(c) the issue of notices extending the time for payment of registered higher education provider charge;
(d) penalties for late payment of registered higher education provider charge;
(e) to whom registered higher education provider charge and any penalties for late payment are payable;
(f) the refund, remission or waiver of registered higher education provider charge or penalties for late payment;
(g) the review of decisions made under the Registered Higher Education Provider Charge Guidelines in relation to the collection or recovery of registered higher education provider charge;
(h) any other matters relating to the collection or recovery of registered higher education provider charge.
(3) If regulations under the Tertiary Education Quality and Standards Agency (Charges) Act 2021 provide for the amount of registered higher education provider charge for a year for a registered higher education provider to be equal to the sum of one or more components, then a reference in this section to registered higher education provider charge includes a reference to the amount of such a component.
3 Section 204 (before table item 1)
Insert:
1A | Registered Higher Education Provider Charge Guidelines | section 26C |
[Minister’s second reading speech made in—
House of Representatives on 13 May 2021
Senate on 15 June 2021]
Overview
The Tertiary Education Quality and Standards Agency Amendment (Cost Recovery) Act 2021 is an amendment to the Tertiary Education Quality and Standards Agency Act 2011, enacted by the Parliament of Australia. This legislation seeks to introduce changes that facilitate cost recovery for the Tertiary Education Quality and Standards Agency (TEQSA) through the imposition of a registered higher education provider charge on registered higher education providers. The Act aims to ensure that TEQSA has the necessary financial resources to carry out its functions effectively, thus supporting the quality and standards of tertiary education in Australia. The Act came into effect in January 2022, contingent upon the commencement of the Tertiary Education Quality and Standards Agency (Charges) Act 2021. The policy objective is to provide a sustainable funding mechanism for TEQSA, ensuring that the agency can continue to perform its regulatory role without relying on government appropriations.
Scope and Application
The Tertiary Education Quality and Standards Agency Amendment (Cost Recovery) Act 2021 amends the Tertiary Education Quality and Standards Agency Act 2011 to introduce a registered higher education provider charge for higher education providers in Australia. This Act applies to registered higher education providers as defined under the Tertiary Education Quality and Standards Agency Act 2011. These providers include institutions offering higher education courses, such as universities and vocational education and training institutions. The Act does not apply to unregistered providers or individuals not associated with higher education providers. Geographically, this Act applies across the Commonwealth of Australia, ensuring a uniform approach to cost recovery in the higher education sector. The Act commenced on 1 January 2022, contingent on the commencement of the Tertiary Education Quality and Standards Agency (Charges) Act 2021. The registered higher education provider charge is detailed and regulated through subordinate instruments such as the Registered Higher Education Provider Charge Guidelines, which provide for various aspects of charge collection, penalties, and other related matters.
Key Provisions
The Tertiary Education Quality and Standards Agency Amendment (Cost Recovery) Act 2021 (Act) amends the Tertiary Education Quality and Standards Agency Act 2011 (TEQA Act). The primary focus of the Act is to introduce a registered higher education provider charge and establish the conditions under which this charge must be paid. Section 5 of the TEQA Act is amended to define the term "registered higher education provider charge," which is specified in the Tertiary Education Quality and Standards Agency (Charges) Act 2021. A new section 26C is inserted after section 26B of the TEQA Act, mandating that registered higher education providers must pay the registered higher education provider charge and any associated penalties for late payment when they are due and payable.
The Act imposes several obligations on registered higher education providers. Primarily, it mandates that these providers pay the registered higher education provider charge as specified in the Tertiary Education Quality and Standards Agency (Charges) Act 2021 and any penalties for late payment when they fall due. The Registered Higher Education Provider Charge Guidelines can provide for various matters, such as issuing notices regarding the amount of charge payable, extending the time for payment, imposing penalties for late payment, and detailing to whom the charge and penalties are payable. Additionally, the guidelines can address the refund, remission, or waiver of charges or penalties and the review of decisions related to the collection or recovery of the charge.
Failure to comply with the requirements of the Act may result in civil or criminal consequences. While the Act does not explicitly state the penalties for non-compliance, penalties for breaches of the TEQA Act generally can include fines and, in some cases, imprisonment. The specific penalties would be determined based on the nature and severity of the breach, in accordance with the provisions of the TEQA Act and any relevant guidelines or regulations. The Act's commencement is contingent on the Tertiary Education Quality and Standards Agency (Charges) Act 2021 coming into effect, with a scheduled commencement date of January 2022.