Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L01469

Australian Skills Quality Authority instrument fixing fees No. 1 of 2013
 
I, Brendan O’Connor, Minister for Skills and Training:
 
(i)                 under subsection 232(1) of the National Vocational Education and Training Regulator Act 2011, determine the amounts of fees the Australian Skills Quality Authority may charge for goods or services it provides in performing its functions to be the fees specified in the attached Schedule A; 
(ii)               under subsection 232(5) of the Act, determine other matters relating to the payment of fees as specified in the attached Schedules A and B. 
 
 
 
 
 
 
 
 
Dated JULY 30, 2013
 
BRENDAN O’CONNOR
 
BRENDAN O’CONNOR
Minister for Skills and Training
Commonwealth of Australia
 
National Vocational Education and Training Regulator Act 2011
 
AUSTRALIAN SKILLS QUALITY AUTHORITY INSTRUMENT FIXING FEES No. 1 of 2013
 
PART 1          PRELIMINARY
 
1          Name of Instrument
This legislative instrument is the Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013.
 
2          Commencement
This legislative instrument will commence on the day after it is registered on the Federal Register of Legislative Instruments.
 
3          Transitional arrangements
Registration applications lodged before the commencement of this instrument are subject to the fees determined under the Australian Skills Quality Authority instrument fixing fees No. 1 of 2011 (the 2011 Instrument).
 
 
4          Authority
This legislative instrument is made under subsections 232(1) and 232(5) of the National Vocational Education and Training Regulator Act 2011.
 
5.       Purpose
The purpose of this instrument is to determine:
 
(a)           the amounts of fees the Australian Skills Quality Authority may charge for goods or services it provides in performing its functions to be the fees specified in the attached Schedule A; and
 
(b)          other matters relating to the payment of fees as specified in the attached Schedule B.    
 
6.       Definitions
In this determination:
 
Act means the National Vocational Education and Training Regulator Act 2011.
ASQA means the Australian Skills Quality Authority.
ASQAnet means ASQA’s regulatory management database.
CRICOS means the Commonwealth Register of Institutions and Courses for Overseas Students, as specified in section 14A of the ESOS Act.  
Delivery Site is defined as a permanent site at which training and/or assessment are delivered that is either owned or leased by the organisation. Multiple facilities at a single or co-located address are treated as one site.
ELICOS means an English Language Intensive Course for Overseas Students.
ESOS Act means the Education Services for Overseas Students Act 2000.
NVR means National Vocational Education and Training Regulator.
NVR registered training organisation has the meaning given by section 3 of the Act.
Qualification includes training package qualifications, VET accredited courses and programs (including ELICOS).
Registered Provider has the meaning given in section 5 of the ESOS Act.
RTO means a registered training organisation, defined at section 3 of the Act.
Training Package is a nationally endorsed, integrated set of competency standards, assessment requirements, Australian Qualifications Framework qualifications, and credit arrangements for a specific industry, industry sector or enterprise.
Units of competency means the specification of industry knowledge and skill and the application of that knowledge and skill to the standard of performance expected in the workplace.
VET accredited course has the meaning given at section 3 of the Act.
VET qualification has the meaning given at section 3 of the Act.
 
Note:   An expression has the same meaning in this legislative instrument as in the National Vocational Education and Training Regulator Act 2011.
PART 2         SCHEDULES
Schedule A: Schedule of Fees
1          NVR registered training organisation fees
(a)           For each fee specified in column 1, the fee is determined by applying the fee structure specified in column 2 to the amount specified in column 3 and is subject to the conditions in column 4.
(b)          The imposition of the fees set out in this Schedule is subject to matters specified in Schedule B.
1.1       Initial registration as a NVR registered training organisation
 
Column 1
Column 2
Column 3
Column 4
 
Fee
Fee structure
Amount
Other matters
 
Application fee for registration under paragraph 16(3)(b) of the Act – where the applicant applies to be registered as an NVR registered training organisation
Per application
 
Plus:
$800
 
·  Paid on application
·  May be refunded if ASQA has not commenced work on the application
 
·  May be refunded if ASQA has not commenced the data entry
 
Data entry fee (when application not submitted on ASQAnet)
$500
 
Plus
 
 
 
 
Assessment fee for considering an application for registration as a NVR registered training organisation under subsection 17(4) of the Act – where the applicant has applied to be an NVR registered training organisation
Base fee includes:
·  Up to 4 qualifications
·  Up to 20 units of competency
·  Up to 2 delivery sites
Plus:
$8,000
 
·  Paid on application
·  May be refunded if ASQA has not commenced assessment of the application
·  Total fee (including application and assessment) capped at $50,000
 
·  each additional qualification
 
$145
 
·  each additional unit of competency
 
$50
 
each additional delivery site
$1,395
 
 

1.2       Renewal of registration as an NVR registered training organisation
 
Fee
Fee structure
Amount
Other matters
 
Application fee for renewal of registration under subsection 31(2) of the Act – where the applicant applies to renew registration as an NVR registered training organisation
Per application
 
Plus:
$900
 
·  Paid on application
·  May be refunded if ASQA has not commenced work on the application
 
·  May be refunded if ASQA has not commenced the data entry
 
 
Data entry fee (when application not submitted on ASQAnet)
 
$250
 
Plus
 
 
 
 
Assessment fee for considering an application for registration as a NVR registered training organisation (including for a renewal) under subsection 17(4) of the Act – where the applicant has applied to be an NVR registered training organisation
Base fee includes:
·  Up to 4 qualifications
·  Up to 20 units of competency
·  Up to 2 delivery sites
Plus:
$7,000
 
·  Paid on application
·  May be refunded if ASQA has not commenced assessment of the application
·  Total fee (including application and assessment) capped at $50,000
 
·  each additional qualification
 
$145
 
·  each additional unit of competency
 
$50
 
·  each additional delivery site
$700
 

1.3       Change to NVR registered training organisation scope of registration

Fee
Fee structure
Amount
Other matters

Add items to scope of registration

Application fee for a change of scope of registration under paragraph 32(2)(b) of the Act – where the NVR registered training organisation applies to increase its scope of registration
1 qualification
$920
·  Paid on application
·  May be refunded if  ASQA has not commenced work on  the application

Plus
$135 for each additional qualification

Units of competency
$260 for each unit for the first seven units
$135 for each additional unit above the first seven units

Transition items on scope of registration

Application fee for a change of scope of registration under paragraph 32(2)(b) of the Act – where the NVR registered training organisation applies to change its scope of registration
Transition to equivalent training package qualification(s) or unit(s) of competency
$120 for only one unit of competency
·  Paid on application
·  May be refunded if ASQA has not commenced work on the application
 

$240 for one application (including any number of qualifications, units of competency) for any number of training packages


 
Application data entry fee

Data entry fee
Applies when application not submitted on ASQAnet
$100
·  Paid on application
·  May be refunded if ASQA has not commenced the data entry

1.4       Annual NVR registered training organisation registration

Fee
Fee structure
Amount
Other matters

Annual registration fee under paragraph 18(c)(iv) of the Act
 
0 to 4 qualifications*
$1,130
·  Paid on invoice
 

5–10 qualifications*
$3,220

11–60 qualifications*
$6,975

61 or more qualifications*
$10,730

*  Note: Includes any number of units of competency
 

2          CRICOS fees
(a)           For each fee specified in column 1, the fee is determined by applying the fee structure specified in column 2 to the amount specified in column 3 and is subject to the conditions in column 4.
(b)          The imposition of the fees set out in this Schedule is subject to matters specified in Schedule B.
2.1       Initial CRICOS registration
 
Column 1
Column 2
Column 3
Column 4
 
Fee
Fee structure
Amount
Other matters
 
Application fee for registration as a registered provider under the ESOS Act – where the applicant applies to ASQA (as a ‘designated authority’ under the ESOS Act - see section 7A) in for registration on CRICOS
Per application
 
 
$1,000
 
·  Paid on application
·  May be refunded if ASQA has not commenced work on the application
 
Plus
 
 
 
 
Assessment fee for application for CRICOS registration – where the applicant has applied to ASQA to be registered on CRICOS
Base fee includes:
·  Up to 4 qualifications
·  Up to 2 delivery sites
Plus:
$8,000
 
·  Paid on application
·  May be refunded if ASQA has not commenced assessment of the application
·  Total fee (including application and assessment) capped at $50,000
 
·  each additional qualification
 
$155
 
·  each additional Australian delivery site
$1,640
 
2.2       Renewal of CRICOS registration
 
Fee
Fee structure
Amount
Other matters
 
Application fee for re-registration under the ESOS Act – where the applicant applies to ASQA for re-registration on CRICOS
Per application
 
 
 
$1,050
 
·  Paid on application
·  May be refunded if ASQA has not commenced work on the application
 
Plus
 
 
 
 
Assessment fee for application for CRICOS re-registration – where the applicant has applied to ASQA to be re-registered on CRICOS
Base fee includes:
·  Up to 4 qualifications
·  Up to 2 delivery sites
Plus:
$7,000
 
·  Paid on application
·  May be refunded if ASQA has not commenced assessment of the application
·  Total fee (including application and assessment) capped at $50,000
 
·  each additional qualification
 
$155
 
·  each additional Australian delivery site
$820
 
2.3       Change to scope of CRICOS registration

Fee
Fee structure
Amount
Other matters

Add items to scope of registration

Application fee for a change of scope of registration (CRICOS) – where the registered provider applies to increase its scope of registration
1 qualification
$1,400
·  Paid on application
·  May be refunded if  ASQA has not commenced work on the application

Plus
$150 for each additional qualification

Additional student capacity and/or one additional delivery site,
Plus:
Each additional delivery site
$1,640 per application
 
 
$820

Change course duration

Application fee
Change to course duration
Each change is treated as an addition of a qualification to scope – fees are as above
·  Paid on application
·  May be refunded if  ASQA has not commenced work on the  application

 
 

 
 

2.4       Annual CRICOS registration
 
Fee
Fee structure
Amount
Other matters
 
Annual registration fee
 
Up to 2 qualifications
$950
·  Paid on invoice
 
 
3–4 qualifications
$1,645
 
5–50 qualifications
$4,375
 
51 or more qualifications
$7,100
 

3          VET course accreditation fees
(a)           For each fee specified in column 1, the fee is determined by applying the fee structure specified in column 2 to the amount specified in column 3 and is subject to the conditions in column 4.
(b)       The imposition of the fees set out in this Schedule is subject to matters specified in Schedule B.
Fee
Amount
Other matters

3.1       Initial VET course accreditation

Application fee under paragraph 43(2)(b) of the Act – where the applicant applies for accreditation of a course as a VET accredited course
$8,070 per course
·  Paid on application
·  May be refunded if ASQA has not commenced work on the application

3.2       Renewal of VET course accreditation

Application fee under subsection 50(2) of the Act – where the applicant applies to renew the accreditation of a VET accredited course
$8,070 per course
·  Paid on application
·  May be refunded if ASQA has not commenced work on  the application

3.3       Amendment to a VET accredited course

Application fee under subparagraph 51(3)(b)(ii) of the Act – where the applicant applies to amend a VET accredited course
$2,290 per course
·  Paid on application
·  May be refunded if ASQA has not commenced work on  the application

 
 
3.4        
4       Other fees

4.1       Reconsideration by ASQA of  a decision made by a person or body with delegation to make a decision under section 224 or 225 of the Act

Fee
Amount
Other matters

Application fee under paragraph 200(3)(c) of the Act – where the applicant applies for reconsideration by ASQA of a decision(s) made by a person or body with delegation to make a decision under section 224 or 225 of the Act
$1,000 per application
·  Paid on application
·  May be refunded if ASQA has not commenced work on the application

4.2       Reassessment of an ASQA position

Fee
Amount
Other matters

Reassessment fee under paragraph 41(4)(b) of the Act – where the applicant requests a  reassessment of ASQA’s position in relation to issues identified by ASQA to be addressed by the NVR registered training organisation in respect of the variation or removal of an imposed condition, the change to. the scope of registration or the lifting of a suspension
$1,000 per application
 
Plus
 
 
$250 per hour for each subsequent hour after the fourth hour of work
·  Paid on application
·  Covers up to 4 hours work
·  May be refunded if ASQA has not commenced work on the application
 
·  Paid upon invoice

 
 
 

 
 
 

4.3          Issuing a copy of a student record

Charge structure
Amount
Other matters

Application fee where a student applies to ASQA for a copy of their record(s)
$60 per record
·  Paid upon invoice after record located
 

 
 
Schedule B – Matters relating to the payment of the fees listed in Schedule A
1.             Fees for superseded training packages
 
ASQA’s fees apply to scope items (i.e. qualifications and units of competency) that have a status of either ‘active’ or ‘in transition’. For the purposes of 1.3 - “Transition items on scope of registration” of Schedule 1 of this Instrument, items in transition are those that have been superseded within the last twelve months. Once an item has been superseded for longer than a twelve month period it cannot be transitioned, and the applicable fee is that contained in the subheading - “Add items to scope of registration”.
 
2.             Annual registration fee
 
(a)           Except for the 2013-14 financial year, the annual registration fees (as set out in Schedule A) are payable on 1 July each financial year for that year of registration.
 
(b)          With respect to the 2013-14 financial year, the Annual registration fee (as set out in Schedule A) is payable on 1 September 2013 for that financial year of registration.
 
(c)           Where a NVR registered training organisation or registered provider’s registration ends during a billing period (i.e. registration is withdrawn, cancelled, or expired due to non-renewal), only a pro-rata fee applies for the number of whole months of registration. Any excess fee that has been paid is refundable.
 
(d)          Calculation of the annual CRICOS registration fee for a registered provider is based on the number of courses listed on CRICOS for that provider, which is taken to represent an accurate count of the number of qualifications registered on a registered provider’s scope.
 
(e)           For RTOs that become NVR registered training organisations for the first time (i.e. are not renewing their registration), the first annual registration fee under paragraph 18(c)(iv) of the Act will be calculated pro-rata based on the registration commencement date and 30 June of the following year as determined by the following formula:
     A x B / 12      
Where:
·         “A” is the amount of annual registration fee (as set out in Schedule A);and
·         “B” is the number of complete months that remain up to 30 June after the RTO becomes registered as an NVR registered training organisation.
 
(f)           For existing NVR registered training organisations and registered providers at the time of commencement of this instrument, in the financial year 2013-14, the annual registration fee under paragraph 18(c)(iv) of the Act will be calculated pro-rata based on the commencement of this instrument and 30 June 2014 as determined by the following formula:
     A x B / 12      

Where:

·         “A” is the amount of annual registration fee (as set out in Schedule A);and
·         “B” is the number of complete months that remain up to 30 June after the commencement of this legislative instrument.
 
(g)          This fee must be paid upon invoice.
 
(h)          During any period of complete months in which there are registration annual fees payable under both the Act and the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011, only the higher fee rate applies.
 
3.             Refund of application / assessment fees
 
(a)           A person who has paid an application fee is entitled to a refund of the amount paid if, before ASQA has commenced work on the application, the person notifies ASQA in writing that they wish to withdraw their application and ASQA has received the notification.
 
(b)          If a person reduces the scope of a registration application after having paid the application assessment fee and prior to ASQA commencing work on assessing the application, and if the reduced application is subject to a lower assessment fee, the person is entitled to a refund for the difference between the fee paid and the lower fee.
 
(c)           A person who has paid a fee in relation to the assessment of an application is entitled to a refund of the amount paid if, before ASQA has commenced assessment of the application, the person notifies ASQA in writing that they wish to withdraw their application and ASQA has received the notification.
 
(d)          If ASQA has not received written notification in accordance with subsection 3 (a), (b), or (c) of this section, the person shall not be entitled to a refund / reduction of the relevant fee(s).
 
(e)           A person who has paid the fee in relation to an application under paragraph 200(3)(c) of the Act is entitled to a refund of the amount paid if ASQA does not consider the application because the application does not relate to a reviewable decision within the meaning of section 199 of the Act. 
 
(f)           A fee is not refundable if an application is determined but rejected by ASQA.
 
4.             Off-set of fees
The amount of any refund a person would otherwise be entitled to may be reduced by any other amount which the person owes to ASQA. 
 
5.             Waiver of a fee
 
(a)           If ASQA has delegated particular function(s) specified in subsections 224(2), 225(1) and 226(1) of the Act, the fees prescribed in Schedule A are waived in relation to functions which are performed under the delegation.
 
(b)     When an NVR registered training organisation applies simultaneously for a change of scope of registration for both registrations (RTO and CRICOS), for the same qualifications, ASQA will apply a single application fee, which will be the higher of the two.
 
(c)     When a registered provider applies simultaneously for one or more additional delivery sites and an increase in their approved CRICOS student capacity, only the delivery site fees are payable.
 
(d)     If an RTO or a NVR registered provider has paid their annual registration fees as a condition of registration (under State law) and the annual registration fees included an amount to pre-pay the next renewal of registration fee, the ASQA registration assessment fee specified in subsection 17(4) will not apply for the RTO's first renewal of registration with ASQA. 
 
(e)     A fee that would otherwise be payable under the Act or the ESOS Act may be waived, in whole or in part where, in ASQA’s opinion:
(i)       special or unusual circumstances exist which would cause the fee to be unreasonable or inequitable; or
(ii)      the amount of the fees that remain unpaid is so small that its recovery would be uneconomical to pursue.  
 
(f)      The following circumstance does not constitute grounds for granting a waiver:
(i)    where the person required to pay the fee ceases to exist, or ceases to be registered, or ceases to carry on business as a RTO or CRICOS provider.
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