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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Tertiary Education Quality and
Standards Agency (Charges) Bill 2021
No. , 2021
(Education, Skills and Employment)
A Bill for an Act to impose registered higher
education provider charge, and for related
purposes
No. , 2021
Tertiary Education Quality and Standards Agency (Charges) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Crown to be bound ............................................................................ 2
4
Act does not impose tax on property of a State ................................. 2
5
Definitions ......................................................................................... 2
6
Imposition of registered higher education provider charge ............... 3
7
Amount of registered higher education provider charge .................... 3
8
Exemptions from registered higher education provider
charge ................................................................................................ 4
9
Regulations ........................................................................................ 4
No. , 2021
Tertiary Education Quality and Standards Agency (Charges) Bill 2021
1
A Bill for an Act to impose registered higher
1
education provider charge, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Tertiary Education Quality and Standards Agency
6
(Charges) Act 2021
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Section 3
2
Tertiary Education Quality and Standards Agency (Charges) Bill 2021
No. , 2021
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 January 2022.
1 January 2022
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Crown to be bound
10
This Act binds the Crown in each of its capacities.
11
4 Act does not impose tax on property of a State
12
(1) This Act does not impose a tax on property of any kind belonging
13
to a State.
14
(2)
Property of any kind belonging to a State
has the same meaning as
15
in section 114 of the Constitution.
16
5 Definitions
17
In this Act:
18
property of any kind belonging to a State
: see subsection 4(2).
19
registered higher education provider
has the same meaning as in
20
the
Tertiary Education Quality and Standards Agency Act 2011
.
21
registered higher education provider charge
means charge
22
imposed by section 6.
23
Section 6
No. , 2021
Tertiary Education Quality and Standards Agency (Charges) Bill 2021
3
TEQSA
means the Tertiary Education Quality and Standards
1
Agency.
2
year
means calendar year.
3
6 Imposition of registered higher education provider charge
4
A charge is imposed by this section on a body, for a year starting
5
on or after the commencement of this section, if the body is a
6
registered higher education provider at the start of the year.
7
7 Amount of registered higher education provider charge
8
(1) The amount of registered higher education provider charge for a
9
year for a registered higher education provider is the amount
10
(including a nil amount):
11
(a) prescribed by the regulations for that year; or
12
(b) worked out for that year in accordance with a method
13
prescribed by the regulations.
14
(2) Without limiting paragraph (1)(b), the regulations may provide for
15
the amount of registered higher education provider charge for a
16
year for a registered higher education provider to be equal to the
17
sum of such components as are prescribed by the regulations.
18
(3) Before the Governor-General makes regulations for the purposes of
19
subsection (1), the Minister must be satisfied that the effect of
20
those regulations will be to recover no more than the
21
Commonwealth's likely costs in connection with TEQSA's
22
performance of its functions under a Commonwealth law.
23
Note:
TEQSA's functions are set out in section 134 of the
Tertiary
24
Education Quality and Standards Agency Act 2011
. Those functions
25
include functions under other Commonwealth laws such as the
26
Education Services for Overseas Students Act 2000
.
27
(4) For the purposes of subsection (3), disregard any costs that are
28
likely to be offset by:
29
(a) fees determined by TEQSA under section 158 of the
Tertiary
30
Education Quality and Standards Agency Act 2011
; or
31
Section 8
4
Tertiary Education Quality and Standards Agency (Charges) Bill 2021
No. , 2021
(b) an annual registration charge or entry to market charge
1
imposed under the
Education Services for Overseas Students
2
(Registration Charges) Act 1997
.
3
(5) The regulations may provide for indexation of amounts specified in
4
the regulations.
5
8 Exemptions from registered higher education provider charge
6
The regulations may provide for exemptions from registered higher
7
education provider charge.
8
9 Regulations
9
The Governor-General may make regulations prescribing matters:
10
(a) required or permitted by this Act to be prescribed; or
11
(b) necessary or convenient to be prescribed for carrying out or
12
giving effect to this Act.
13