{"id":"C2019A00085","name":"Higher Education Support (Charges) Act 2019","slug":"higher-education-support-charges-act-2019","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"85 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436315,"registerId":"C2019A00085-fast-fetch-1775953550623","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Higher Education Support (Charges) Act 2019","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.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nHigher Education Support (Charges) Act 2019\n\n \n\nNo. 85, 2019\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose higher education provider charge, and for related purposes\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Crown to be bound\n\n4 Act does not impose tax on property of a State\n\n5 Definitions\n\n6 Imposition of higher education provider charge\n\n7 Amount of higher education provider charge\n\n8 Exemptions from higher education provider charge\n\n9 Regulations\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\nHigher Education Support (Charges) Act 2019\n\nNo. 85, 2019\n\n \n\n \n\n \n\nAn Act to impose higher education provider charge, and for related purposes\n\n[Assented to 28 October 2019]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Higher Education Support (Charges) Act 2019.\n\n2  Commencement\n\n (1) Each provision of this Act 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whole of this Act 1 January 2020. 1 January 2020\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Crown to be bound\n\n  This Act binds the Crown in each of its capacities.\n\n4  Act does not impose tax on property of a State\n\n (1) This Act does not impose a tax on property of any kind belonging to a State.\n\n (2) Property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.\n\n5  Definitions\n\n  In this Act:\n\nhigher education provider has the same meaning as in the Higher Education Support Act 2003.\n\nhigher education provider charge means charge imposed by section 6.\n\nproperty of any kind belonging to a State: see subsection 4(2).\n\nyear means calendar year.\n\n6  Imposition of higher education provider charge\n\n  A charge is imposed by this section on a body, for a year starting on or after the commencement of this section, if the body is a higher education provider at any time during the year.\n\n7  Amount of higher education provider charge\n\n (1) The amount of higher education provider charge for a year for a higher education provider is the amount (including a nil amount):\n\n (a) prescribed by the regulations for that year; or\n\n (b) worked out for that year in accordance with a method prescribed by the regulations.\n\n (2) Before the Governor‑General makes regulations for the purposes of subsection (1), the Minister must be satisfied that the effect of those regulations will be to recover no more than the Commonwealth’s likely costs in connection with the administration of the Higher Education Support Act 2003.\n\n (3) The regulations may provide for indexation of amounts specified in the regulations.\n\n8  Exemptions from higher education provider charge\n\n  The regulations may provide for exemptions from higher education provider charge.\n\n9  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 4 July 2019\n\nSenate on 11 September 2019]\n\n(101/19)\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act, as drafted, solely imposes a regulatory charge on bodies that qualify as higher education providers and delegates specification of amounts, exemptions and indexation to regulations (s6–9). Nothing in the text indicates a change from the instrument’s stated function: it is limited to administrative‑cost recovery for administering the Higher Education Support Act 2003 (s7(2)); it binds the Crown and excludes State property (s3–4) and commenced 1 January 2020 (s2)."},"complexity_factors":["Heavy delegation to regulations for quantum and method of calculation (s7(1)): the Act does not fix rates itself.","Ministerial gatekeeping requirement that regulations recover no more than likely Commonwealth administrative costs (s7(2)) creates an evidentiary/decision step.","Regulations may create exemptions and indexation rules (s8; s7(3)), increasing variability and regulatory detail outside the Act.","External statutory dependency: definition of “higher education provider” is imported from the Higher Education Support Act 2003 (s5), requiring cross‑reference to another Act.","Liability arises if a body is a provider at any time during the year (s6), which can affect pro rata treatment and timing.","Executive regulation-making power vested in the Governor‑General (s9) concentrates rule‑making discretion in delegated instruments.","Commencement mechanics and transition timing (commences 1 January 2020) affect when compliance and accounting obligations begin (s2).","Constitutional/sovereign limits: Act binds the Crown but excludes taxation of State property (s3–4), which narrows reach in intergovernmental contexts."],"plain_english_summary":"This Act creates an annual charge on any body that is a “higher education provider” for each calendar year in which it operates (s6). The amount is set or calculated by regulation and must, in the Minister’s view, recover no more than the Commonwealth’s likely administrative costs under the Higher Education Support Act 2003; regulations may provide exemptions and indexation (s7–8). Who pays: higher‑education providers. Who decides: the Government by regulation (s7, s9)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: imposing an administrative charge on higher education providers to recover Commonwealth costs. The scope has not expanded beyond this narrow cost-recovery function."},"complexity_factors":["Only 9 sections total, with minimal text","Just 4 defined terms in section 5, all referencing external legislation or simple concepts","No nested conditional logic — the charge applies broadly to all higher education providers with exemptions delegated to regulations","Single cross-reference to the Higher Education Support Act 2003 for the key definition","Regulation-making powers are standard and straightforward (section 9)","No exceptions to exceptions or complex temporal provisions"],"plain_english_summary":"This law creates a **yearly charge (fee) that universities and other higher education providers must pay to the Australian Government**.\n\n**What it does:**\n- **Imposes a charge** on any body that qualifies as a \"higher education provider\" (basically, universities and approved tertiary institutions) for any year they operate\n- **The amount isn't fixed in the law itself** — instead, the regulations (rules made by the government) set the dollar amount or the formula to calculate it each year\n- **Caps the charge**: The Minister must ensure the fee only covers the government's actual costs of running the higher education system (administering the Higher Education Support Act 2003), not make a profit\n- **Allows exemptions**: The regulations can excuse certain providers from paying\n\n**Who it affects:**\n- Universities and other registered higher education providers operating in Australia\n- The Commonwealth Government (which collects the fees)\n\n**Why it matters:**\nThis is essentially a **cost-recovery mechanism**. Instead of taxpayers bearing the full cost of regulating and administering the higher education sector, the providers themselves contribute. The charge helps fund the bureaucracy that oversees university funding, student loans (HECS/HELP), and quality standards. The amount can change year-to-year via regulation, and can be indexed (adjusted for inflation)."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-support-charges-act-2019","history":"/api/acts/higher-education-support-charges-act-2019/history","analysis":"/api/acts/higher-education-support-charges-act-2019/analysis","conflicts":"/api/acts/higher-education-support-charges-act-2019/conflicts","importantCases":"/api/acts/higher-education-support-charges-act-2019/important-cases","documents":"/api/acts/higher-education-support-charges-act-2019/documents"}}