Commonwealth Numbered Regulations Commonwealth Numbered RegulationsNote: A number of expressions used in this instrument are defined in the Act, including the following:
(a) registered higher education provider;
(b) registered higher education provider charge;
(c) year (which is defined to mean a calendar year).
In this instrument:
"accredited course " has the same meaning as in the TEQSA Act.
"Act " means the Tertiary Education Quality and Standards Agency (Charges) Act 2021 .
"base component of the charge " : see subsection 5(2) and section 6.
"civil penalty provision " has the same meaning as in the Regulatory Powers (Standard Provisions) Act 2014 .
"compliance component of the charge " : see subsection 5(4).
"compliance undertaking " means an undertaking (other than an undertaking that is enforceable under Part 6 of the Regulatory Powers (Standard Provisions) Act 2014 ) given by a provider to TEQSA, and accepted by TEQSA in writing, to comply with:
(a) the ESOS Act; or
(b) the TEQSA Act; or
(c) a legislative instrument made under the ESOS Act or the TEQSA Act.
Example: For paragraph (c), the Threshold Standards is a legislative instrument made under the TEQSA Act.
"ESOS Act " means the Education Services for Overseas Students Act 2000 .
"full-time study load " , for a student undertaking a course of study with a registered higher education provider for a year, means:
(a) if section 169-28 of the Higher Education Support Act 2003 applies to the provider in respect of the course--an amount of study, undertaken as part of that course in that year, that is represented by units of study that have a total EFTSL value (within the meaning of that Act) of 1; or
(b) if paragraph (a) does not apply--an amount of study, undertaken as part of that course in that year, that is the equivalent of the minimum amount of study that a student undertaking that course on a full-time basis would be expected to undertake in that year.
"investigation " means an investigation involving the exercise of investigative powers under Part 3 of the Regulatory Powers (Standard Provisions) Act 2014 , in its application under:
(a) Division 4 of Part 7 of the ESOS Act; or
(b) Division 4 of Part 7 of the TEQSA Act.
"TEQSA Act " means the Tertiary Education Quality and Standards Agency Act 2011 .