EXPLANATORY STATEMENT
Tertiary Education Quality and Standards Agency Fees Amendment (2025 Measures No.2) Determination 2025
Issued by the authority of the Tertiary Education Quality and Standards Agency
Subject: Tertiary Education Quality and Standards Agency Fees Amendment (2025 Measures No. 2) Determination 2025
Authority
Subsection 158(1) of the Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act or the Act) allows the Tertiary Education Quality and Standards Agency (TEQSA) to determine, by legislative instrument, fees that TEQSA may charge for things done in the performance of its functions.
Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The required approval from the Minister for TEQSA to make an instrument under subsection 158(1) was obtained, per the requirement in subsection 158(5) of the Act, on 15 December 2025.
Purpose and operation
The purpose of this instrument is to amend the Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020 (Fee Determination), updating TEQSA's application fees so that they accurately reflect the regulatory effort expended by TEQSA on each regulatory activity.
The amendments made by this instrument to the Fee Determination reflect the fees set out in the Supplement accompanying the updated version of TEQSA’s Cost Recovery Implementation Statement (CRIS), published by TEQSA in late 2025.
This instrument does not make any major changes to TEQSA’s cost recovery model. Rather, it amends the amounts of the majority of the fees set out in Schedule A to the Fee Determination including to set out new fees for functions introduced by the Education Legislation Amendment (Integrity and Other Measures) Act 2025 (ELA Act); and makes some technical amendments, including replacing references to the former Administrative Appeals Tribunal with references to the new Administrative Review Tribunal, and clarifying the application of fees relating to TEQSA’s functions
as an ESOS Agency. The updates to fees have been made following TEQSA’s annual review of the CRIS, which was conducted in accordance with the Australian Government Cost Recovery Policy.
This instrument also repeals the Tertiary Education Quality and Standards Agency Fees Amendment (Updated Fees) Determination 2025, which was made a short time before this instrument, but has been superseded following the commencement of the ELA Act.
The amendments to the Fee Determination set out in this instrument will increase the average cost of TEQSA’s application-based fees by 6% from 1 January 2026, to:
- reflect the fees set out in the Supplement to the updated CRIS, to ensure that revenue gathered via this mechanism continues to align with the cost of
TEQSA’s regulatory activities; and
- recover part of the funds allocated to TEQSA in the 2024-25 Mid-Year Economic and Fiscal Outlook (MYEFO).
The Australian Government allocated additional funding of $7.6 million in the 2024- 25 MYEFO to allow TEQSA to update its information technology systems to meet whole-of-government information security requirements. The cost of this measure will be recovered over four years from 2026 to 2029 inclusive, with approximately
$1.9 million in additional funding to be recovered per year.
The amendments to the Fee Determination set out in this instrument continue implementing the Australian Government’s 2018-2019 Budget decision for TEQSA to recover the costs of its regulatory services and activity after 1 January 2023.
Consultation
TEQSA undertook a public consultation on proposed changes to its cost recovery arrangements in September 2025. All Vice Chancellors and Chief Executive Officers of registered higher education providers were notified of the consultation process via email and the details of the consultation were advertised on TEQSA’s website.
TEQSA received a total of 7 submissions from 3 Australian universities, 1 institute of higher education and 3 peak bodies. TEQSA took this feedback into consideration when finalising the CRIS.
The most common concern raised in the submissions was the effect of the quantum increase in costs in the current environment of financial strain for providers, in particular the financial burden on small providers. TEQSA acknowledges the increase in its fees and charges will place a higher burden on providers, and continues to review its costs to ensure fees and charges reflect the level of
regulatory activity undertaken, noting the changes to the RHEP charge in this year’s review mean that larger providers will pay proportionally more towards the base component. TEQSA is conducting an ongoing review into its processes for all regulatory activities, and it is anticipated these changes will be reflected in the next version of the CRIS.
Some submissions noted that the consultation process did not allow for meaningful contributions from the sector and sought further clarity in how the fees and charges are calculated. TEQSA’s amended CRIS provides a robust, transparent, and
evidence-based cost model to justify the amendments, and provides clear information to stakeholders on the approach to those amendments.
Some submissions took issue with the costs from TEQSA’s information technology upgrades being recovered from the sector, and noted concerns over an increase in costs when they believe this is not aligned to TEQSA’s performance of regulatory activities. As mentioned in TEQSA’s Corporate Plan, the IT upgrades to TEQSA’s provider case management system will improve TEQSA’s performance by streamlining processes, enhancing data analytics capabilities to improve regulatory intelligence and delivery, and improving regulatory outcomes whilst meeting whole of government information security requirements. Further, TEQSA continues to review its activities, including through work on a revised Regulatory Strategy, engagement with other government bodies, and movement towards a risk-based regulatory model.
Submissions concerning the timing of the review of the CRIS and the budgeting cycles of higher education providers will be considered as part of the ongoing review of TEQSA’s cost recovery arrangements. As part of the 2026 CRIS review, TEQSA will endeavour to publish the CRIS at an earlier stage.
In keeping with the Australian Government Cost Recovery Policy, TEQSA will continue to consult the sector on its approach to the regulatory activities covered by cost recovery, the administrative arrangements for implementing cost recovery, and on the impacts on providers. The consultations will form the basis for adjustments to the model and revisions to the CRIS.
Commencement
This instrument is a legislative instrument for the purposes of the Legislation Act 2003. Schedule 1 to the instrument will commence on 1 January 2026, and Schedule 2 will commence the day after the instrument is registered.
Description of the provisions
Preliminary
Section 1
This section of the instrument provides that the name of the instrument is the Tertiary Education Quality and Standards Agency Fees Amendment (2025 Measures No. 2) Determination 2025.
Section 2
This section provides that Schedule 1 setting out the amendments to the current Fee Determination will commence on 1 January 2026, and that Schedule 2 repealing the Tertiary Education Quality and Standards Agency Fees Amendment (Updated Fees) Determination 2025 will commence the day after this instrument is registered.
Section 3
This section provides that the instrument is made under subsection 158(1) of the Act.
Section 4
This section provides that the instrument amends the Fee Determination as set out in Schedule 1, and repeals the Tertiary Education Quality and Standards Agency Fees Amendment (Updated Fees) Determination 2025 as set out in Schedule 2.
Schedule 1
Item 1
Item 1 of the Schedule to the instrument omits the definition of ‘Act’ from section 4 of the Fee Determination, substituting a new definition stating that ‘Act’ or ‘TEQSA Act’ means the Tertiary Education Quality and Standards Agency Act 2011. This amendment is made to define the abbreviation ‘TEQSA Act’, which is used in the new table of fees for clarity.
Item 2
Item 2 of the Schedule to the instrument repeals the existing Table in Schedule A and replaces it with a new table of fees.
Changes to fees
The new table reflects changes to TEQSA’s fees following the annual review of the CRIS to ensure that they continue to align with the costs of TEQSA’s regulatory activities, and recover part of the additional funding allocated in the 2024-25 MYEFO to update TEQSA’s information technology systems.
The changes will increase the average cost of application-based fees by 6%, from the amounts specified in the Fee Determination as in force prior to the amendments in this instrument.
Although this instrument introduces 2 new fees to reflect amendments in the ELA Act, there is no net increase in fees recovered as a result of these additions, as the revenue from the new fees is offset by a 4% reduction from the amounts specified in the Tertiary Education Quality and Standards Agency Fees Amendment (Updated Fees) Determination 2025.
Registration fees
Item 1 of the table provides that the fee for a preliminary assessment of an application under section 19 of the TEQSA Act is $14,700.
Item 2 of the table provides that the fee for substantive assessment of an application under section 20 of the TEQSA Act is $112,100.
Item 3 of the table provides the fees for an application to renew a provider’s registration under section 35 of the TEQSA Act in circumstances where that application is not combined with an application for self-accrediting authority under section 41 of the Act. Where the approved form for the application requires the provider to address provisions of the Threshold Standards other than the Core Standards, the fee will be $113,000. If the approved form for the application only requires the provider to address the Core Standards, the fee will be $66,000.
Item 4 of the table provides the fees for an application to renew a provider’s registration under section 35 of the TEQSA Act where that application is combined with an application for self-accrediting authority under section 41 of the Act. Where the approved form for the application requires the provider to address provisions of the Threshold Standards other than the Core Standards, the fee will be $129,200. If the approved form for the application only requires the provider to address the Core Standards, the fee will be $75,000.
Item 5 of the table provides that the fee of $51,800 applies to applications for change of provider category made under section 38 of the TEQSA Act.
Item 6 of the table provides that the fee for applications made to TEQSA as an ESOS Agency, under section 9 of the Education Services for Overseas Students Act 2000 (ESOS Act), for registration to provide a course(s) to overseas students is
$24,500.
Item 7 of the table provides the fees for applications to TEQSA as an ESOS Agency for renewal of registration made under section 10D of the ESOS Act. If the provider has self-accrediting authority, the fee is $13,600. Otherwise, the fee is $27,500.
Item 8 of the table provides the fees for applications made to TEQSA as an ESOS Agency, under section 10H of the ESOS Act, to add one or more courses at one or more additional locations to a provider’s registration.
For each location relevant to the application for which the provider is not registered at the time of the application, the provider must pay a fee. Item 8 of the table sets out two categories of fees for locations. If the provider has obtained authority, under section 41 of the TEQSA Act, to self-accredit courses of study, the fee per location is
$1,900. Otherwise, for providers without self-accrediting authority, the fee is $9,600 per location.
For each course for which the provider is not registered at any location at the time of the application, the fees are:
- $5,100 per course to which the ELICOS Standards apply;
- $5,200 per Foundation Program course; and
- $600 per course for all other courses.
For example, a provider with self-accrediting authority would pay a single fee of
$1,900 for the registration of a new location if the provider made an application under section 10H of the ESOS Act to:
- add an additional location to the provider’s registration; and
- provide three courses at that location that provider was already registered to offer at one of its existing locations.
As a further example, if a provider without self-accrediting authority made an application under section 10H to:
- add two new locations to its registration;
- provide two ELICOS which the provider was not already registered to offer at any of its existing locations; and
- provide one Foundation Program at the new locations that the provider is already registered to offer at one of its existing locations,
the provider would pay a fee of $9,600 for each new location, a fee of $5,100 for each of the two courses to which the ELICOS Standards apply and no fee in relation to the Foundation Program course that it is already registered to provide at one of its existing locations.
Items 7 and 8 now refer to ‘providers’ rather than ‘higher education providers’. This is because TEQSA is the ESOS Agency for some providers registered under the ESOS Act that are not registered higher education providers under the TEQSA Act, such as providers of Foundation Programs and some providers of English Language Intensive Courses for Overseas Students (ELICOS). The reference to ‘providers’ clarifies that the fees set out in Items 7 and 8 are payable by all providers registered under the ESOS Act for which TEQSA is the relevant ESOS Agency.
Course accreditation fees
Item 9 of the table provides the fees for applications to self-accredit one or more courses of study made under section 41 of the TEQSA Act. For an application by a provider which is authorised under the Act to self-accredit one or more courses of study, the fee is $36,800. For an application by a provider with no existing authority to self-accredit a course or group of courses of study, the fee is $51,800.
Item 10 of the table provides that the fee for a preliminary assessment of an application by a prospective provider for the accreditation of a course of study (other than an undergraduate certificate), under section 47 of the TEQSA Act is $6,000 per course.
Item 11 of the table provides the fees for a substantive assessment of an application by a prospective provider for the accreditation of a course of study (other than an undergraduate certificate) under section 48 of the TEQSA Act. Where an application is for the accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, the fee is $44,700 per course. Where an application is for the accreditation of a nested set of courses, the fee is $44,700 for the primary course of study and $40,000 for each related course of study.
Item 12 of the table provides the fees for the preliminary assessment of an application by a registered provider for the accreditation of a course of study (other than an undergraduate certificate) under section 47 of the TEQSA Act. Where an application is for the accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, the fee is $5,200 per course. Where an application is for the accreditation of a nested set of courses, the fee is $5,200 for the primary course of study. The fee for each related course of study is $1,300 per course.
Item 13 of the table provides the fees for the substantive assessment of an application by a registered provider for the accreditation of a course of study (other than an undergraduate certificate) under section 48 of the TEQSA Act. Where an application is for the accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, the fee is $19,100 per course. Where an application is for the accreditation of a nested set of courses, the fee is $19,100 for the primary course of study and $4,800 for each related course of study.
Item 14 of the table provides that the fee for the preliminary assessment of an application for the accreditation of an undergraduate certificate under section 47 of the TEQSA Act. The fee remains $300 per course.
Item 15 of the table provides that the fee for the substantive assessment of an application for the accreditation of an undergraduate certificate under section 48 of the TEQSA Act is $1,300 per course.
Item 16 of the table provides the fees for applications made under section 55 of the TEQSA Act for renewal of accreditation for a course of study, other than applications relating to an undergraduate certificate or applications made based on teach out.
Where an application is for renewal of the accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, the fee is $24,500 per course. Where an application is for the accreditation of a nested set of courses, the fee is $24,500 for the primary course of study and $5,900 for each related course of study.
Item 17 of the table provides the fees for applications made under section 55 of the TEQSA Act for renewal of accreditation for teach out courses of study, other than an undergraduate certificates. Where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses, the fee is $3,100 per course. Where an application is for accreditation of a nested set of courses the fee is $3,100 for the primary course of study and $800 for each related course of study.
Each of items 10 – 13, 16 and 17 of the table includes a note providing that, where a provider has an equivalent full-time student load of fewer than 5000 students, the table set out in section 2 of Schedule B, setting out discounts based on student loads, applies to the fees set out in those items.
Item 18 of the table provides that the fee for an application made under section 55 of the TEQSA Act for renewal of accreditation for an undergraduate certificate is $1,200 per course.
Conditions fees
Item 19 of the table provides the fees for applications made under subsections 32(3) or 53(3) of the TEQSA Act to vary or revoke a condition of registration or accreditation. For an application made under subsection 32(3), in relation to a condition imposed on a provider’s registration, the fee is $3,900 per condition. For an application made under subsection 53(3), in relation to a condition imposed on the accreditation of a course, the fee is $3,100 per condition.
Review of decisions fees
Item 20 of the table provides that the fee for an application, made under section 184 of the TEQSA Act, for internal review of a decision made by a delegate of TEQSA, is
$1,100.
Authorisation for providing courses offshore fees
Items 21 and 22 are new application fees reflecting amendments made by the ELA Act.
Part 9 of the ELA Act amends the TEQSA Act to confer powers on TEQSA to authorise and regulate the provision of Australian courses of study at offshore
premises. These amendments were introduced on the basis that TEQSA would recover the costs associated with these new powers.
Item 21 of the table provides that the fee for an application made under section 44B of the TEQSA Act for authorisation as an authorised offshore provider is $36,800.
Item 22 of the table provides the fees for applications made under subsection 44J(3) of the TEQSA Act to vary or revoke a condition imposed on the authorisation of a provider as an authorised offshore provider is $3,900.
Item 4
Item 4 makes a consequential amendment to section 5(1)(a) of the Fee Instrument, which provides that TEQSA may waive certain fees where special or unusual circumstances exist. Item 4 adds the new fees introduced by items 21 and 22 of Schedule 1 (relating to the ELA Act) to the list of fees that may be waived under this provision.
Item 5
Item 5 makes a consequential amendment to section 6(1)(a) of the Fee Instrument, which provides that TEQSA may refund certain fees where special or unusual circumstances exist. Item 5 adds the new fees introduced by items 21 and 22 of Schedule 1 (relating to the ELA Act) to the list of fees that may be refunded under this provision.
Item 6
Item 6 of the Schedule to the instrument omits the reference to subsection 8(6) from subsection 9(7) of the Fee Determination, substituting in a reference to subsection
9(6). This amendment is intended to correct a referencing error in the Fee Determination.
Items 7 and 8
Items 7 and 8 replace references to the Administrative Appeals Tribunal (AAT) with references to the Administrative Review Tribunal (ART).
These amendments reflect the abolition of the AAT and establishment of the ART pursuant to the Administrative Review Tribunal Act 2024.
Schedule 2
Item 1
This item repeals the whole of the Tertiary Education Quality and Standards Agency Fees Amendment (Updated Fees) Determination 2025.
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 Fees Amendment (2025 Measures No. 2) Determination 2025
The Tertiary Education Quality and Standards Agency Fees Amendment (2025 Measures No. 2) Determination 2025 (Amending 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 Amending Instrument is to amend the Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020 (Fee Determination), which determines the fees the Tertiary Education Quality and Standards Agency (TEQSA) may charge for things done in the performance of its functions.
The Amending Instrument makes changes to TEQSA’s fees following the annual review of TEQSA’s Cost Recovery Implementation Statement (CRIS), and reflects the updated fees set out in the updated version of the CRIS published by TEQSA in late 2025.
In addition to the Fee Determination, TEQSA also recovers its costs through the registered higher education provider charge, imposed by the Tertiary Education Quality and Standards Agency (Charges) Act 2021.
Human rights implications
Right to education
The Amending Instrument engages the right to education which is set out in Article 13 of the International Covenant on Economic, Social and Cultural Rights. The right to education recognises the important personal, societal, economic and intellectual benefits of education, and provides that secondary education in its different forms, including higher education, shall be made generally available and accessible to all by every appropriate means.
Payment of the fees in the Fee Determination by registered higher education providers contributes to the Australian Government’s consolidated revenue fund. The contributions to this fund will ensure the Australian Government can fund TEQSA to carry out its regulatory and quality assurance roles in the higher education sector.
There were more than 1.6 million students studying higher education in Australia in 2023 and the annual economic benefit to Australia from higher education as an export was estimated to be over $36 billion in 2024. The Amending Instrument engages and promotes the right to education by ensuring that the costs incurred by TEQSA to deliver regulatory services continue to be accurately reflected in the Fee Determination, and that TEQSA can administer its cost recovery framework effectively. This supports TEQSA’s work, including its ability to register providers and accrediting courses of study, which in turn promotes the objective of making quality education available and accessible to students both in Australia and who come from overseas to study.
The Amending Instrument is compatible with the right to education.
Conclusion
This Amending Instrument is compatible with human rights because it promotes the protection of human rights.
Professor Kerri-Lee Krause Adrienne Nieuwenhuis
Chief Commissioner Commissioner
Emeritus Professor Elizabeth More AM, MAICD Stephen Somogyi Commissioner Commissioner
Tertiary Education Quality and Standards Agency