Tertiary Education Quality and Standards Agency (Charges) Bill 2021 [2021] AUSStaCSBSD 116 (16 June 2021)

• Tertiary Education Quality and Standards Agency (Charges) Bill 2021
• Broad discretionary power
• Significant matters in delegated legislation107

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Tertiary Education Quality and Standards Agency (Charges) Bill 2021

Purpose	This bill seeks to establish a new registered higher education provider charge to recover the costs of the Tertiary Education Quality and Standards Agency’s sector risk monitoring and regulatory oversight activities
Portfolio	Education
Introduced	House of Representatives on 13 May 2021

Broad discretionary power
Significant matters in delegated legislation^[107]

1.150 The bill seeks to allow recovery of the costs of the Tertiary Education Quality and Standards Agency’s (TEQSA) sector risk monitoring and regulatory oversight activities, which do not currently attract a charge.

1.151 Clause 6 seeks to provide that a charge is imposed on registered higher education providers. Clause 8 of the bill would allow the regulations to exempt registered higher education providers from the charge.

1.152 The committee considers that this provision provides the minister with a broad discretionary power to exempt providers from the requirement to pay the charge by legislative instrument in circumstances where there is no guidance on the face of the bill as to when these powers may be exercised. The committee expects that the inclusion of broad discretionary powers, and the inclusion of significant matters in delegated legislation, should be thoroughly justified in the explanatory memorandum. In this instance, the explanatory memorandum does not provide a justification as to why it is necessary or appropriate for the exemption power to be left to delegated legislation.

1.153 In light of the above, the committee requests the minister's advice as to:

• why it is considered necessary and appropriate to give the minister a broad discretionary power to provide for exemptions from the proposed registered higher education provider charge in delegated legislation; and

• whether the bill can be amended to include at least high-level guidance on the face of the primary legislation regarding when it will be appropriate provide for such exemptions.

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[107] Clause 8. The committee draws senators’ attention to this provision pursuant to Senate Standing Orders 24(1)(a)(ii) and (iv).