Tertiary Education Quality and Standards Agency Act 2011 - Determination of Fees No. 1 of 2012

Link to law: https://www.comlaw.gov.au/Details/F2012L00086

Commonwealth of Australia
 
Tertiary Education Quality and Standards Agency Act 2011
 
Determination of Fees No. 1 of 2012
 
 
 
I, Carol Nicoll, Chief Commissioner of the Tertiary Education Quality and Standards Agency:
 
(i)        revoke my previous determination under subsection 158(1) of the Tertiary Education Quality and Standards Agency Act 2011 (the Act) of the fees that TEQSA may charge for things done in the performance of its functions, made on 21 November 2011;
 
(ii)       under subsection 158(1) of the Act, determine the fees that TEQSA may charge for things done in the performance of its functions to be the fees specified in the attached Schedule A; and
 
(ii)       under paragraph 158(3)(b) of the Act, determine the circumstances in which fees may be set off against another amount payable as specified in the attached Schedule B.
 
 
 
This legislative instrument commences on the date after it is registered on the Federal Register of Legislative Instruments.
 
 
 
 
 
 
 
 
Dated:  this                24                    day of                         January         2012
 
 
 
 
 
 
Signed
 
 
______________________________
CAROL NICOLL
Chief Commissioner
Tertiary Education Quality and Standards Agency
Interpretation
In this determination:
 
 
Act means the Tertiary Education Quality and Standards Agency Act 2011.
 
AUQA means the Australian Universities Quality Agency.
 
Changeover time means, in accordance with subitem 30(1) of Part 7 of Schedule 3 of the Consequential Act, the time before section 3 of the Act commenced.
 
Consequential Act means the Tertiary Education Quality and Standards Agency (Consequential Amendments and Transitional Provisions) Act 2011.
 
CRICOS means the Commonwealth Register of Institutions and Courses for Overseas Students which is maintained under the Education Services for Overseas Students Act 2000
 
GST has the same meaning as it has in section 195-1 of the A New Tax System (Goods and Services Tax) Act 1999.
 
Higher education provider has the same meaning as it has in the Act.
 
Higher education provider with self-accrediting authority means a higher education provider authorised to self-accredit one or more courses of study under a Commonwealth, State or Territory Law.
 
Tertiary Education Quality and Standards Agency or TEQSA has the same meaning given at section 5 of the Act.
Schedule A – Fees
 
Fees payable for the performance of TEQSA’s functions
(1)       For subsection 158(1) of the Act, the fee for an activity mentioned in an item in the following table is the amount mentioned in the third column for that item.
 
(2)       In accordance with subitem 30(1) of Part 7 of Schedule 3 of the Consequential Act, items 1 to 4 only apply to an audit of a higher education provider (for the purposes of the Higher Education Support Act 2003) if, before the changeover time, AUQA had:
 
(a)       started the audit of a higher education provider; or
(b)       scheduled the audit of a higher education provider to be carried out during 2011 or 2012.
 
 

Item
Activity for which
the fee is imposed
Amount of the fee

1
Audit visit of up to 3 days for a higher education provider with self-accrediting authority
$75,900 (inc. GST)

2
Audit visit of 4 days for a higher education provider with self-accrediting authority
$82,170 (inc. GST)

3
Audit visit of 5 days for a higher education provider with self-accrediting authority
$88,440 (inc. GST)

4
Audit visit of a higher education provider which was not, at the time of the audit visit,  a higher education provider with self-accrediting authority
$22,000 (inc. GST)

5
Preliminary Assessment of Application for registration as a higher education provider – s 19 of the Act
 
Where the application is for registration in one of the following provider categories:
·         Australian University;
·         Overseas University;
·         Australian University College;
·         Australian University of Specialisation; and
·         Overseas University of Specialisation.
 
$25,000
 

6
Preliminary Assessment of Application for registration as a higher education provider – s 19 of the Act
 
Where the application is for registration in the Higher Education Provider category
 
$5,500

7
Substantive Assessment of Application for registration as a higher education provider – s 20 of the Act
 
Where the application is assessed by TEQSA, pursuant to paragraph 19(1)(a) of the Act, as appropriate for one of the following provider categories:
·         Australian University;
·         Overseas University;
·         Australian University College;
·         Australian University of Specialisation; and
·         Overseas University of Specialisation.
 
$60,000
 

8
Substantive Assessment of Application for registration as a higher education provider – s 20 of the Act
 
Where the application is not one to which Item 7 applies
 
$16,500

9
Renewal of Registration Application – s 35 of the Act
 
Where the application is to renew registration for one of the following provider categories:
·         Australian University;
·         Overseas University;
·         Australian University College;
·         Australian University of Specialisation; and
·         Overseas University of Specialisation.
 
Where an application to renew registration is made at the same time as an application under s 38 of the Act to change the Provider Category in which the provider is registered, no fee is payable for the application to renew registration.
 
In all other cases, the fee is $75,000

10
Renewal of Registration Application – s 35 of the Act
 
Where the application is to renew registration for the Higher Education Provider category
Where an application to renew registration is made at the same time as an application under s 38 of the Act to change the Provider Category in which the provider is registered, no fee is payable for the application to renew registration.
 
In all other cases, the fee is $20,000

11
Application for change of Provider Category in which a provider is registered to one of the following Provider Categories:
·         Australian University;
·         Overseas University;
·         Australian University College;
·         Australian University of Specialisation;
·         Overseas University of Specialisation.
(s 38 of the Act)
$85,000

12
Application to TEQSA as a designated authority for registration and re-registration  - ss 9(1) and 9A(1) of the Education Services for Overseas Students Act
First application for registration on CRICOS to provide a course of study as a higher education provider and each application for re-registration on CRICOS to provide one or more courses of study as a higher education provider - $5,000
 
Each subsequent application for registration to provide a course of study by a provider who is already registered on CRICOS to provide another course of study as a higher education provider - $1,000
 
No fee is payable for an application for registration on CRICOS to provide a course of study in a state where the provider is already registered on CRICOS to provide that course of study in another state

13
Application to self-accredit one or more courses of study  – s 41 of the Act
Application by a provider with no existing authority under the Act to self accredit a course or group of courses of study - $22,000
 
Application by a provider which is authorised under the TEQSA Act to self accredit one or more courses of study - $10,000

14
Preliminary Assessment of Application for accreditation of a course of study – s 47 of the Act
Where an application is for accreditation of a single course of study, $2,000.
 
Where an application is for accreditation of more than one course of study, or where more than one application to accredit a course of study is submitted at the same time, the fee is $2,000 for the first course of study and $1,400 for each additional course of study.
 

15
Substantive Assessment of Application for accreditation of a course of study – s 48 of the Act
Where an application is for accreditation of a single course of study, $7,000.
 
Where an application is for accreditation of more than one course of study, or where more than one application to accredit a course of study is submitted at the same time, the fee is $7,000 for the first course of study and $4,900 for each additional course of study.
 

16
Application for renewal of Accreditation for a course of study – s 55
Where an application is for renewal of accreditation of a single course of study, $8,000.
 
Where an application is for renewal of accreditation of more than one course of study, or where more than one application to renew accreditation of a course of study is submitted at the same time, the fee is $8,000 for the first course of study and $5,600 for each additional course of study.

17
Application to vary or revoke a Condition of registration or accreditation – s 32(3) or s 52(3)
For the first two conditions included in an application - $2,500 for each condition
 
For each condition in addition to the first two conditions which are included in an application - $1,500 for each condition

18
Applications for TEQSA, as a designated authority, to approve proposed changes to arrangements with other providers or to the maximum number of students that a provider can enrol – paragraphs 10.4 and 12 of Chapter C of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007
$2,500 for each application to approve one or more changes
 

 
 
 
 
 
 
 
Schedule B – Fees to be set off against another amount payable
 
Fees paid to AUQA to be set off
 
(1)       In accordance with subitem 30(1) of Part 7 of Schedule 3 of the Consequential Act, this Schedule only applies to an audit of a higher education provider (for the purposes of the Higher Education Support Act 2003), completed by TEQSA, that AUQA had:
 
(a)       started before the changeover time; or
(b)       scheduled to be carried out during 2011 or 2012.
 
(2)       For paragraph 158(3)(b) of the Act, any amount which a higher education provider has paid to AUQA in respect of an audit may be set off against the fees due and payable by the higher education provider to TEQSA for the completion of that audit by TEQSA under Items 1 to 4 of Schedule A.
 
 
 
 
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