{"id":"F2022L01727","name":"Education Services for Overseas Students (TPS Levies—Exemptions) Instrument 2022","slug":"education-services-for-overseas-students-tps-levies-exemptions-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441675,"registerId":"F2022L01727-fast-fetch-1775956925497","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—Exemptions) Instrument 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—Exemptions) Instrument 2022\n\nI, Jason Clare, Minister for Education, make the following instrument.\n\nDated 13 December 2022   \n\nJason Clare\n\nMinister for Education\n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Base fee component – exemption\n\n6  Risk rated premium component – exemption\n\n \n\n1  Name\n\n  This instrument is the Education Services for Overseas Students (TPS Levies—Exemptions) Instrument 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. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 12 of the Education Services for Overseas Students (TPS Levies) Act 2012.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) base fee component; and\n\n(b) risk rated premium component.\n\n  In this instrument:\n\nAct means the Education Services for Overseas Students (TPS Levies) Act 2012.\n\nCRICOS means the Commonwealth Register of Institutions and Courses for Overseas Students as referred to in section 14A of the Education Services for Overseas Students Act 2000.\n\ngovernment school has the same meaning as in section 6 of the Australian Education Act 2013.\n\nNote: Section 6 of the Australian Education Act 2013 provides that a government school means a school that is conducted by or on behalf of the government of a State or Territory.\n\nnon-government school has the same meaning as in section 6 of the Australian Education Act 2013.\n\nNote: Section 6 of the Australian Education Act 2013 provides that a non-government school means a school that is not a government school.\n\nregistered provider has the same meaning as in section 5 of the Education Services for Overseas Students Act 2000.\n\nregistered school means a non-government school that is registered on CRICOS.\n\nState or Territory VET institution means a vocational education and training institution that is owned or controlled (whether directly or indirectly) by a State or Territory.\n\nTable A provider means a provider listed in section 16-15 of the Higher Education Support Act 2003.\n\n5  Base fee component – exemption\n\n  For the purposes of paragraph 12(a) of the Act, registered schools that had no overseas student enrolments in the calendar year immediately prior to the year for which the TPS levy is imposed are exempt from the requirement to pay the base fee component.\n\n6  Risk rated premium component – exemption\n\n  For the purposes of paragraph 12(b) of the Act, the following classes of providers are exempt from the requirements to pay the risk rated premium component:\n\n (a) Table A providers;\n\n (b) government schools; and\n\n (c) State or Territory VET institutions.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose of specifying TPS levy exemptions as authorised by section 12 of the parent Act. It does not expand beyond this narrow administrative function."},"complexity_factors":["Very short instrument (6 sections, approximately 1 page)","Only 6 defined terms, all referencing external legislation rather than creating new definitions","Simple conditional logic: two exemption categories with straightforward eligibility criteria","No nested exceptions or complex cross-referencing beyond standard definitions","Clear binary tests (e.g., 'had no overseas student enrolments' yes/no)","Minimal operational provisions—merely specifies exemption categories"],"plain_english_summary":"This instrument exempts certain education providers from parts of Australia’s Tuition Protection Service levy. Registered non‑government CRICOS schools with no international students in the previous year are exempt from the base fee; public universities (Table A), government schools, and state/territory VET institutions are exempt from the risk‑rated premium.\n\nIt lowers costs for low‑risk or publicly funded providers by recognizing their financial stability or lack of international enrolments."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument narrows who must pay parts of the TPS levy by creating exemptions: it removes the base fee for registered schools with no overseas enrolments in the prior calendar year (instrument s 5) and exempts Table A providers, government schools and State/Territory VET institutions from the risk‑rated premium (instrument s 6). Eligibility depends on enrolment records and statutory definitions (instrument s 4), shifting levy costs away from the specified classes and imposing verification duties on administrators."},"complexity_factors":["Narrow, rule‑based exemptions limited to specific provider classes (instrument ss 5–6).","Relies on definitions and registers in external Acts (CRICOS, Table A, ‘registered provider’) (instrument s 4; Education Services for Overseas Students Act 2000; Higher Education Support Act 2003).","Low legislative discretion — exemptions are categorical rather than case‑by‑case (ss 5–6).","Operational complexity concentrated in administrative verification of prior‑year enrolments and provider status (s 5 reference to prior calendar year; s 4 definitions).","Authority delegated under the TPS Levies Act 2012 (instrument s 3), so statutory context must be checked for enforcement and reporting rules."],"plain_english_summary":"This instrument exempts certain education providers from parts of the Tuition Protection Service (TPS) levy. It removes the base fee for registered non‑government schools that had no overseas student enrolments in the prior calendar year, and exempts Table A higher‑education providers, government schools and State/Territory VET institutions from the risk‑rated premium.\n\nThe practical effect is to reduce levy payments for those classes; registered providers remain responsible for demonstrating eligibility and administrators must verify enrolment and provider status."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/education-services-for-overseas-students-tps-levies-exemptions-instrument-2022","history":"/api/acts/education-services-for-overseas-students-tps-levies-exemptions-instrument-2022/history","analysis":"/api/acts/education-services-for-overseas-students-tps-levies-exemptions-instrument-2022/analysis","conflicts":"/api/acts/education-services-for-overseas-students-tps-levies-exemptions-instrument-2022/conflicts","importantCases":"/api/acts/education-services-for-overseas-students-tps-levies-exemptions-instrument-2022/important-cases","documents":"/api/acts/education-services-for-overseas-students-tps-levies-exemptions-instrument-2022/documents"}}