{"id":"C2021A00081","name":"Tertiary Education Quality and Standards Agency (Charges) Act 2021","slug":"tertiary-education-quality-and-standards-agency-charges-act-2021","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"81 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":57012,"registerId":"commonwealth-C2021A00081-1775106094114","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act is the Tertiary Education Quality and Standards Agency (Charges) Act 2021.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this Act

1 January 2022.

1 January 2022

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted.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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Crown to be bound","content":"#### 3 Crown to be bound\n\n This Act binds the Crown in each of its capacities.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act does not impose tax on property of a State","content":"#### 4 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 (2) Property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n In this Act:\n\n> property of any kind belonging to a State: see subsection 4(2).\n\n> registered higher education provider has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.\n\n> registered higher education provider charge means charge imposed by section 6.\n\n> TEQSA means the Tertiary Education Quality and Standards Agency.\n\n> year means calendar year.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Imposition of registered higher education provider charge","content":"#### 6 Imposition of registered 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 registered higher education provider at the start of the year.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Amount of registered higher education provider charge","content":"#### 7 Amount of registered higher education provider charge\n\n (1) The amount of registered higher education provider charge for a year for a registered higher education provider is the amount (including a nil amount):\n (a) prescribed by the regulations for that year; or\n (b) worked out for that year in accordance with a method prescribed by the regulations.\n (2) Without limiting paragraph (1)(b), the regulations may provide for the amount of registered higher education provider charge for a year for a registered higher education provider to be equal to the sum of such components as are prescribed by the regulations.\n (3) 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 TEQSA’s performance of its functions under a Commonwealth law.\n\n> Note: TEQSA’s functions are set out in section 134 of the Tertiary Education Quality and Standards Agency Act 2011. Those functions include functions under other Commonwealth laws such as the Education Services for Overseas Students Act 2000.\n\n (4) For the purposes of subsection (3), disregard any costs that are likely to be offset by fees determined by TEQSA under section 158 of the Tertiary Education Quality and Standards Agency Act 2011.\n (5) The regulations may provide for indexation of amounts specified in the regulations.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Exemptions from registered higher education provider charge","content":"#### 8 Exemptions from registered higher education provider charge\n\n The regulations may provide for exemptions from registered higher education provider charge.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"#### 9 Regulations\n\n The Governor‑General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":8}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act is straightforwardly targeted at its stated purpose: imposing an annual charge on registered higher education providers to fund TEQSA's regulatory activities. There is no evidence of scope creep — the provisions are tightly confined to charge imposition, amount-setting mechanisms, exemptions, and constitutional compliance. The delegation of specifics to regulations is a standard drafting technique rather than a broadening of scope."},"complexity_factors":["Key financial details (actual charge amounts) are deferred entirely to subordinate regulations, meaning the Act itself is simple but the full picture requires reading additional legal instruments","Constitutional dimension — the Section 114 Constitution reference regarding State property taxation adds a layer of legal context non-lawyers may find unfamiliar","Cost-recovery cap requires a ministerial satisfaction test before regulations can be made, introducing an administrative law element","Interaction with two other Acts (TEQSA Act 2011 and Education Services for Overseas Students Act 2000) means the full legal framework is spread across multiple instruments"],"plain_english_summary":"This Act requires registered higher education providers to pay an annual charge to help fund TEQSA, Australia’s higher‑education regulator. The charge’s dollar amount isn’t in the Act but is set by regulation and may be a flat fee, formula, composite amount, adjusted for inflation, or nil/exempt in some cases.\n\nThe charge is limited to TEQSA’s actual regulatory costs (service fees already charged are deducted) and excludes state government property. Providers must watch the regulations each year to know what they owe."},"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":4,"scope_assessment":{"changed":false,"description":"The Act’s scope is to impose an annual charge on registered higher education providers and to delegate calculation, exemptions and administration to regulations. It does not expand or redefine TEQSA’s statutory functions; any change in who pays or how much is left to regulations and the Ministerial precondition (ss.5–9)."},"complexity_factors":["Delegation of key details to regulations (amounts, methods, exemptions, indexation) increases rule‑making reliance and uncertainty (ss.7, 8, 9).","Ministerial precondition requiring satisfaction about cost recovery before regulations are made creates an executive check and factual inquiry (s.7(3)).","Interaction with TEQSA fee offsets requires accounting adjustments when assessing recoverable Commonwealth costs (s.7(4)).","Definitions narrow the payer class to 'registered higher education provider', but rely on an external Act for that meaning (s.5).","No collection, timing, or enforcement mechanics are specified in the Act itself — those are deferred to subordinate instruments (compare ss.6, 9).","Commencement and retrospective effect are fixed (single commencement date), which simplifies temporal scope but requires timetable coordination (s.2).","Statutory protections regarding Crown binding and exclusion of State property from tax constrain application (ss.3–4)."],"plain_english_summary":"This Act imposes an annual charge on bodies that are registered higher education providers. The regulations (set by the Governor‑General) will determine the amount, possible exemptions and indexation, while the Minister must be satisfied the regulations recover no more than the Commonwealth’s likely costs in connection with TEQSA’s functions. The Act binds the Crown and excludes State property from taxation."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standalone imposition Act with a narrow, specific purpose: to establish the constitutional and statutory basis for charging registered higher education providers. It has not expanded beyond its original intent; it remains tightly focused on cost recovery for TEQSA."},"complexity_factors":["Very short statute (9 sections, approximately 2 pages)","Only 5 defined terms, all straightforward","Minimal cross-referencing (only to TEQSA Act 2011 and Constitution s 114)","Simple conditional structure: single trigger (being a registered provider at start of year)","Heavy reliance on delegated legislation (regulations) for substantive details — amounts, calculation methods, exemptions all left to regulations","Single substantive constraint (cost recovery cap in s 7(3)) with one explicit exception (s 7(4))"],"plain_english_summary":"This law creates a system for charging universities and other higher education providers an annual fee to help pay for the government agency that regulates them (TEQSA).\n\n**What it does:**\n- **Imposes an annual charge** on any body that is a \"registered higher education provider\" at the start of each calendar year. This includes universities and other institutions that teach higher education courses.\n- **Sets the rules for calculating the charge:** The actual dollar amount isn't in this law — it's set by regulations (rules made by the government). The charge can be:\n - A fixed amount prescribed for that year, or\n - Calculated using a formula (for example, based on the size of the institution or number of students)\n- **Caps the total amount:** The Minister must be satisfied that the total charges collected won't exceed what it actually costs to run TEQSA, minus any fees TEQSA already collects directly from providers.\n- **Allows exemptions:** The regulations can excuse certain providers from paying the charge.\n\n**Who it affects:**\n- Universities and other registered higher education providers in Australia\n- The Tertiary Education Quality and Standards Agency (TEQSA), which uses the money to do its job\n\n**Why it matters:**\nThis is a \"cost recovery\" law. Instead of taxpayers fully funding TEQSA's work (which includes checking that universities meet quality standards and regulating international education), the institutions being regulated help pay for it. The law ensures this charge is legally valid under the Constitution and doesn't amount to a tax on state property."}},"importantCases":[],"_links":{"self":"/api/acts/tertiary-education-quality-and-standards-agency-charges-act-2021","history":"/api/acts/tertiary-education-quality-and-standards-agency-charges-act-2021/history","analysis":"/api/acts/tertiary-education-quality-and-standards-agency-charges-act-2021/analysis","conflicts":"/api/acts/tertiary-education-quality-and-standards-agency-charges-act-2021/conflicts","importantCases":"/api/acts/tertiary-education-quality-and-standards-agency-charges-act-2021/important-cases","documents":"/api/acts/tertiary-education-quality-and-standards-agency-charges-act-2021/documents"}}