{"id":"F2022L01674","name":"Education Services for Overseas Students (TPS Levies) (Administrative and Base Fees) Determination 2022","slug":"education-services-for-overseas-students-tps-levies-administrative-and-base-fees-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441658,"registerId":"F2022L01674-fast-fetch-1775956915525","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education Services for Overseas Students (TPS Levies) (Administrative and Base Fees) Determination 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nEducation Services for Overseas Students (TPS Levies) (Administrative and Base Fees) Determination 2022\n\nI, Jason Clare, Minister for Education, make the following determination.\n\nDated 13 December 2022   \n\nJason Clare\n\nMinister for Education\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 Determination of administrative fee component\n\n7 Determination of base fee component\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (TPS Levies) (Administrative and Base Fees) Determination 2021\n\n \n\n1  Name\n\n  This instrument is the Education Services for Overseas Students (TPS Levies) (Administrative and Base Fees) Determination 2022.\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. Sections 1 to 7 31 December 2022\n- 2. Schedule 1 1 January 2023\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 section 7A of the Education Services for Overseas Students (TPS Levies) Act 2012.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is repealed as set out in the applicable items in the Schedule concerned.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) administrative fee component; and\n\n(b) base fee component.\n\n  In this instrument:\n\nAct means the Education Services for Overseas Students (TPS Levies) Act 2012.\n\n6 Determination of administrative fee component\n\n  For the purposes of section 6 of the Act, the following dollar amounts are determined for the calendar year beginning on 1 January 2023:\n\n(a)    the amount for the purposes of paragraph 6(a) is $99.00; and\n\n (b) the amount for the purposes of paragraph 6(b) is $0.51.\n\nNote: Amounts specified for the purposes of paragraphs 6(a) or (b) of the Act are subject to indexation in accordance with section 8 of the Act unless an instrument is made under section 7A of the Act for a later calendar year.\n\n \n\n7 Determination of base fee component\n\n  For the purposes of section 7 of the Act, the following dollar amounts are determined for the calendar year beginning on 1 January 2023:\n\n(a)    the amount for the purposes of paragraph 7(a) is $199.00; and\n\n (b) the amount for the purposes of paragraph 7(b) is $1.26.\n\nNote: Amounts specified for the purposes of paragraphs 7(a) or (b) of the Act are subject to indexation in accordance with section 8 of the Act unless an instrument is made under section 7A of the Act for a later calendar year.\n\n\n\n\nSchedule 1—Repeals\n\nEducation Services for Overseas Students (TPS Levies) (Administrative and Base Fees) Determination 2021\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument updates the fee amounts for the 2023 calendar year (sections 6–7) and repeals the 2021 determination (Schedule 1). It does not alter which entities are subject to the TPS levies or the underlying charging mechanism established in the Act; it only changes the numeric inputs used to calculate levy amounts and relies on the Act’s indexation and definitional provisions."},"complexity_factors":["Short instrument: 7 substantive sections plus a repeal schedule.","Primary action is numeric: fixes four dollar amounts rather than creating new regulatory rules.","Depends on external statutory mechanisms (definitions and indexation under the Education Services for Overseas Students (TPS Levies) Act 2012).","Made under a specific ministerial power (section 7A of the Act), so legal effect relies on that authority.","Repeals the prior year’s determination, requiring administrative update by agencies and payers.","Commencement timing provisions create simple implementation deadlines (31 Dec 2022/1 Jan 2023)."],"plain_english_summary":"This Determination sets the dollar inputs used to calculate the Tuition Protection Service (TPS) levies for the calendar year beginning 1 January 2023 and repeals the 2021 determination. The Minister fixes administrative and base fee components that determine what education providers pay under the Education Services for Overseas Students (TPS Levies) Act 2012. Mechanically, it changes the per‑student and per‑dollar fee figures (amounts are subject to indexation under the Act), which directly alters levy bills payable by providers."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same narrow scope as its predecessors—simply setting annual fee amounts for the TPS levy system. There is no expansion beyond the original purpose of determining administrative and base fee components under section 7A of the parent Act."},"complexity_factors":["Very short instrument (7 sections plus 1 schedule)","Only 1 defined term ('Act')","No nested conditional logic or cross-references beyond basic references to parent Act sections","Straightforward fee-setting with flat dollar amounts","Single repeal provision in Schedule 1","Minimal interpretative provisions"],"plain_english_summary":"This instrument sets the Tuition Protection Service levies for 2023, fixing four fee amounts (two flat provider charges and two per‑student charges) that registered Australian education providers teaching international students must pay.  \n\nThose levies fund the TPS safety net that protects international students if a provider closes; the determination updates the 2023 rates and repeals the previous year’s determination."}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-tps-levies-administrative-and-base-fees-determination-2022","history":"/api/acts/education-services-for-overseas-students-tps-levies-administrative-and-base-fees-determination-2022/history","analysis":"/api/acts/education-services-for-overseas-students-tps-levies-administrative-and-base-fees-determination-2022/analysis","conflicts":"/api/acts/education-services-for-overseas-students-tps-levies-administrative-and-base-fees-determination-2022/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-tps-levies-administrative-and-base-fees-determination-2022/important-cases","documents":"/api/acts/education-services-for-overseas-students-tps-levies-administrative-and-base-fees-determination-2022/documents"}}