Commonwealth Consolidated Regulations

TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY (CHARGES) REGULATIONS 2022 - REG 5

  (1)   For the purposes of paragraph   7(1)(b) of the Act, the amount of registered higher education provider charge for the year commencing on 1   January 2022 and each later year for a registered higher education provider is the sum of:

  (a)   the base component of the charge; and

  (b)   the compliance component of the charge (if any).

Note:   For the base component of the charge for 2022, 2023 and 2024, see section   6.

Base component of charge

  (2)   The base component of the charge for a year (the relevant year ) is worked out in accordance with the formula:

where:

"number of providers" means the number of registered higher education providers at the start of the relevant year.

"provider's equivalent full-time students" means the total number of students enrolled, on an equivalent full - time basis, in each accredited course that was, in the year that is 2 years before the relevant year, provided by the provider.

"total equivalent full-time students" means the total number of students enrolled, on an equivalent full - time basis, in each accredited course that was, in the year that is 2 years before the relevant year, provided by each entity that, at that time, was a registered higher education provider.

  (3)   In working out, for the purposes of subsection   (2), the number of students enrolled on an equivalent full - time basis in an accredited course in a year:

  (a)   count a student that has a full - time study load for the course and the year as 1 student; and

  (b)   count any other student as a fraction that represents the student's amount of study undertaken as part of the course and the year relative to a student that does have a full - time study load for the course and the year.

Example:   A full - time student is enrolled in 8 units of study as part of a course for a year and is counted as 1 student. A part - time student is enrolled in 4 units of study as part of that course and is counted as half of 1 student. Another student is enrolled in 10 units of study as part of that course and is counted as 1 and a quarter of 1 student.

Compliance component of charge

  (4)   The compliance component of the charge for a year is the sum of the following:

  (a)   if, in the previous year, TEQSA decided to commence one or more assessments under section   59 of the TEQSA Act to assess whether the provider continued to meet the Threshold Standards (within the meaning of that Act)--$36,000 for each assessment;

  (b)   if, in the previous year, TEQSA decided to commence one or more assessments under section   61 of the TEQSA Act in respect of an accredited course in relation to the provider--$36,000 for each assessment;

  (ba)   if, in the previous year, TEQSA decided to conduct one or more audits of the provider under subsection   112A(1) of the ESOS Act--$36,000 for each audit;

  (c)   if:

  (i)   at any time in the previous year, the provider's registration had one or more conditions; and

  (ii)   the conditions were imposed by TEQSA under subsection   10B(1) or 83(3) of the ESOS Act or subsection   32(1) of the TEQSA Act (whether or not they were imposed in that year);

    --$4,100 for each condition;

  (d)   if:

  (i)   at any time in the previous year, the accreditation of a course of study in relation to the provider had one or more conditions; and

  (ii)   the conditions were imposed by TEQSA under subsection   53(1) of the TEQSA Act (whether or not they were imposed in that year);

    --$3,350 for each condition;

  (e)   if, at any time in the previous year, one or more compliance undertakings were in force--$1,675 for each undertaking;

  (f)   if, at any time in the previous year, TEQSA conducted an investigation in relation to a matter that constitutes, or may constitute, a contravention of an offence provision or a civil penalty provision by the provider (whether or not the investigation is continuing)--$165 for each hour spent in conducting the investigation in that year by:

  (i)   members of the staff of TEQSA mentioned in section   156 of the TEQSA Act; and

  (ii)   subject to subsection   (5), staff made available to TEQSA mentioned in section   157 of the TEQSA Act.

  (5)   Subparagraph   (4)(f)(ii) applies in relation to the services of an officer or employee of a State or Territory authority only if an arrangement mentioned in subsection   157(2) of the TEQSA Act provides for the Commonwealth to reimburse the State or Territory with respect to those services.