{"id":"F2021L01832","name":"Education Services for Overseas Students (Registration Charges) Regulations 2021","slug":"education-services-for-overseas-students-registration-charges-regulations-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441118,"registerId":"F2021L01832-fast-fetch-1775956512627","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Services for Overseas Students (Registration Charges) Regulations 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nEducation Services for Overseas Students (Registration Charges) Regulations 2021\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 16 December 2021\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nStuart Robert\n\nMinister for Employment, Workforce, Skills, Small and Family Business\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 CRICOS annual registration charge\n\n7 Schools initial registration charge\n\n8 Schools renewal registration charge\n\n9 Indexation of amounts\n\n10 Exemption from charges imposed from 1 January 2022 to 31 December 2022\n\n11 Transitional provision\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (Registration Charges) Regulations 2011\n\n \n\n1  Name\n\n  This instrument is the Education Services for Overseas Students (Registration Charges) Regulations 2021.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 January 2022. 1 January 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Education Services for Overseas Students (Registration Charges) Act 1997.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Education Services for Overseas Students (Registration Charges) Act 1997.\n\ntotal enrolments, for a provider for a year, has the same meaning as in the Education Services for Overseas Students (TPS Levies) Act 2012.\n\n6  CRICOS annual registration charge\n\n  For the purposes of paragraph 5(4)(b) of the Act, the amount of CRICOS annual registration charge imposed on a provider for a year is the sum of the following components:\n\n (a) $440;\n\n (b) $5 multiplied by the total enrolments for the provider for the previous year;\n\n (c) if the provider is an approved school provider—$116;\n\n (d) if the provider is an approved school provider and had at least one overseas student enrolled in the previous year for a course for which the provider was registered for that year—$695.\n\nNote: These amounts are indexed under section 9.\n\n7  Schools initial registration charge\n\n  For the purposes of paragraph 6(4)(a) of the Act, the amount of schools initial registration charge imposed on an application is $2,690.\n\nNote: This amount is indexed under section 9.\n\n8  Schools renewal registration charge\n\n  For the purposes of paragraph 7(4)(a) of the Act, the amount of schools renewal registration charge imposed on an application is $1,080.\n\nNote: This amount is indexed under section 9.\n\n9  Indexation of amounts\n\n (1) At the start of each year (an indexation year) after the year beginning 1 January 2022, the dollar amounts mentioned in paragraphs 6(a) to (d) and sections 7 and 8 are replaced by the amount worked out using the following formula for each of those amounts:\n\n  ![](image.002.png)\n\n (2) The indexation factor for an indexation year is the number worked out using the following formula:\n\n  ![](image.003.png)\n\nwhere:\n\nbase quarter means the last September quarter before the reference quarter.\n\nindex number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\nreference quarter means the September quarter in the year before the indexation year.\n\n (3) An indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more).\n\n (4) Amounts worked out under subsection (1) are to be rounded to the nearest whole dollar (rounding 50 cents upwards).\n\n (5) An indexation factor that is less than 1 is to be increased to 1.\n\n (6) Calculations under subsection (2):\n\n (a) are to be made using only the index numbers published in terms of the most recently published index reference period; and\n\n (b) are to be made disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n\n10  Exemption from charges imposed from 1 January 2022 to 31 December 2022\n\n  For the purposes of subsections 5(9), 6(8) and 7(8) of the Act, the class of providers made up of all providers is prescribed for the following charges imposed for, or during, the calendar year beginning 1 January 2022:\n\n (a) CRICOS annual registration charge;\n\n (b) schools initial registration charge;\n\n (c) schools renewal registration charge.\n\n11  Transitional provision\n\n  Despite the repeal of the Education Services for Overseas Students (Registration Charges) Regulations 2011 by this instrument, those Regulations continue to apply in relation to a charge that became due for payment before the commencement of this section, as if that repeal had not happened.\n\nSchedule 1—Repeals\n\n \n\nEducation Services for Overseas Students (Registration Charges) Regulations 2011\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2011 Regulations with updated fee amounts and a temporary COVID-19 exemption. The scope remains limited to setting registration charges for CRICOS providers, consistent with the original purpose of the enabling Act."},"complexity_factors":["Short instrument: only 11 sections plus a repeal schedule","Minimal defined terms: only 2 definitions in section 5 ('Act' and 'total enrolments', with the latter cross-referencing another Act)","Straightforward mathematical formulas for indexation in section 9, though requires understanding of 'index reference periods' and 'September quarters'","Simple conditional logic: only 4 basic conditions (paragraphs 6(c)-(d) for school providers, and section 10 for the time-limited exemption)","Single cross-reference to primary legislation (the 1997 Act) for context, but operates independently","No nested exceptions or complex temporal provisions beyond the single-year exemption in section 10"],"plain_english_summary":"This law sets the fees education providers must pay to register and remain on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). It prescribes an annual charge (composed of base, per‑student and school‑related components), one‑off school registration and renewal fees, automatic CPI indexation, a 2022 exemption from charges, and a transitional rule preserving liabilities under the prior 2011 scheme.\n\nIt affects universities, colleges and schools enrolling international students and funds the regulatory protections and tuition assurance that safeguard those students."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The instrument replaces the 2011 Regulations (Sch 1) and sets a new, specified fee schedule and CPI indexation method for CRICOS and schools charges, plus a one‑year universal exemption for 2022 (ss6–10). It preserves the old regulations' application only for charges that were already due before commencement (s11)."},"complexity_factors":["Variable components in the CRICOS annual charge based on total enrolments and school status (s6(b)–(d))","Separate fixed fees for schools initial and renewal registration (ss7–8)","CPI-based indexation formula using quarterly index numbers, base/reference quarter rules, minimum factor of 1, rounding to 3 decimals and to whole dollars (s9(1)–(6))","Temporary, universal exemption for charges imposed during calendar year 2022 (s10)","Repeal of prior 2011 regulations with a transitional saving for charges due before commencement (s11, Schedule 1)","Cross‑legislative definition dependency: 'total enrolments' refers to the TPS Levies Act 2012 (s5)"],"plain_english_summary":"These regulations set fixed dollar amounts and an enrolment‑based formula for CRICOS annual charges and set initial and renewal fees for school registrations, add CPI indexation for those amounts, and prescribe a universal exemption for calendar year 2022 (ss6–10). Providers pay the charges; amounts depend on enrolments and school status, altering providers' budgeting and compliance calculations. The instrument repeals the 2011 Regulations but preserves them for charges already due (s11, Sch 1)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-registration-charges-regulations-2021","history":"/api/acts/education-services-for-overseas-students-registration-charges-regulations-2021/history","analysis":"/api/acts/education-services-for-overseas-students-registration-charges-regulations-2021/analysis","conflicts":"/api/acts/education-services-for-overseas-students-registration-charges-regulations-2021/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-registration-charges-regulations-2021/important-cases","documents":"/api/acts/education-services-for-overseas-students-registration-charges-regulations-2021/documents"}}