{"id":"F2021L01004","name":"Higher Education (Up-front Payments Tuition Protection Levy) (Administrative Fee Component) Determination 2021","slug":"higher-education-up-front-payments-tuition-protection-levy-administrative-fee-component-determinatio","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101978,"registerId":"commonwealth-F2021L01004-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Higher Education (Up-front Payments Tuition Protection Levy) (Administrative Fee Component) Determination 2021.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

on the day after this instrument is registered

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made.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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under section 9 of the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020.\n\n> Administrative fee component has the same meaning as in the Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Determination of administrative fee component","content":"#### 5 Determination of administrative fee component\n\n For the purposes of section 8 of the Act, the following amounts are determined for the calendar year beginning on 1 January 2021:\n (a) the amount for the purposes of paragraph 8(2)(a) is $108; and\n (b) the amount for the purposes of paragraph 8(2)(b) is $9.06.\n\n> Note: Amounts specified for the purposes of paragraphs 8(2)(a) or (b) of the Act are subject to indexation in accordance with subsection 10(1) of the Act unless an instrument is made under section 9 of the Act for a subsequent year.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow function intended by its parent Act: setting specific dollar amounts for the administrative fee component of the tuition protection levy for a specific calendar year. It has not expanded beyond this limited purpose."},"complexity_factors":["Very short instrument (only 5 sections)","Only 2 defined terms ('Act' and 'Administrative fee component')","Single operative provision (section 5) containing only two straightforward monetary determinations","Minimal cross-referencing (only references to section 8 and section 9 of the parent Act)","No conditional logic, exceptions, or nested provisions","Standard legislative template structure (name, commencement, authority, definitions, operative provision)"],"plain_english_summary":"This instrument sets the 2021 tuition‑protection levy for Australian higher education providers: a $108 base administrative fee plus $9.06 per student. It applies to universities and registered providers that collect up‑front tuition payments and funds the tuition protection scheme that refunds students or places them in alternative courses if a provider collapses. The amounts are indexed annually unless a new determination is made."},"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 does not change the Act's scope. It only sets the administrative fee component amounts for 2021 to be used under section 8 of the Act. It leaves definitions, who is liable, and the calculation framework in the Act unchanged (see sections 4 and 5; authority in section 3 referencing section 9 of the Act)."},"complexity_factors":["Very narrow subject‑matter: specifies only two monetary amounts for a single calendar year (section 5).","Dependence on the parent Act for scope and mechanics — definitions and levy calculation rules remain in the Act rather than this instrument (see section 4 and note referencing section 8 of the Act).","Indexation and possible supersession: amounts are subject to indexation under subsection 10(1) of the Act and may be replaced by a later instrument (note to section 5; authority under section 9).","Immediate commencement: the whole instrument takes effect the day after registration, requiring prompt application by affected parties (section 2).","Low administrative discretion and low drafting complexity — determinate numeric values rather than procedural rules (sections 3 and 5)."],"plain_english_summary":"This instrument fixes two dollar amounts used to calculate the administrative-fee component of the Higher Education (Up‑front Payments) Tuition Protection Levy for the calendar year beginning 1 January 2021: $108 and $9.06. It applies to entities required to pay the levy by setting the numeric inputs that determine levy liabilities. The amounts are subject to indexation under subsection 10(1) of the Act unless replaced by a later instrument."}},"importantCases":[],"_links":{"self":"/api/acts/higher-education-up-front-payments-tuition-protection-levy-administrative-fee-component-determinatio","history":"/api/acts/higher-education-up-front-payments-tuition-protection-levy-administrative-fee-component-determinatio/history","analysis":"/api/acts/higher-education-up-front-payments-tuition-protection-levy-administrative-fee-component-determinatio/analysis","conflicts":"/api/acts/higher-education-up-front-payments-tuition-protection-levy-administrative-fee-component-determinatio/conflicts","importantCases":"/api/acts/higher-education-up-front-payments-tuition-protection-levy-administrative-fee-component-determinatio/important-cases","documents":"/api/acts/higher-education-up-front-payments-tuition-protection-levy-administrative-fee-component-determinatio/documents"}}