{"id":"F2022L01523","name":"Tertiary Education Quality and Standards Agency (Charges) Regulations 2022","slug":"tertiary-education-quality-and-standards-agency-charges-regulations-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102887,"registerId":"commonwealth-F2022L01523-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Tertiary Education Quality and Standards Agency (Charges) Regulations 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Tertiary Education Quality and Standards Agency (Charges) Act 2021.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) registered higher education provider;\n    (b) registered higher education provider charge;\n    (c) year (which is defined to mean a calendar year).\n  In this instrument:\n\n> accredited course has the same meaning as in the TEQSA Act.\n\n> Act means the Tertiary Education Quality and Standards Agency (Charges) Act 2021.\n\n> base component of the charge: see subsection 5(2).\n\n> civil penalty provision has the same meaning as in the Regulatory Powers (Standard Provisions) Act 2014.\n\n> compliance component of the charge: see subsection 5(4).\n\n> compliance undertaking means an undertaking (other than an undertaking that is enforceable under Part 6 of the Regulatory Powers (Standard Provisions) Act 2014) given by a provider to TEQSA, and accepted by TEQSA in writing, to comply with:\n\n    (a) the ESOS Act; or\n    (b) the TEQSA Act; or\n    (c) a legislative instrument made under the ESOS Act or the TEQSA Act.\n\n> Note: Example: For paragraph (c), the Threshold Standards is a legislative instrument made under the TEQSA Act.\n\n> ESOS Act means the Education Services for Overseas Students Act 2000.\n\n> full‑time study load, for a student undertaking a course of study with a registered higher education provider for a year, means:\n\n    (a) if section 169‑28 of the Higher Education Support Act 2003 applies to the provider in respect of the course—an amount of study, undertaken as part of that course in that year, that is represented by units of study that have a total EFTSL value (within the meaning of that Act) of 1; or\n    (b) if paragraph (a) does not apply—an amount of study, undertaken as part of that course in that year, that is the equivalent of the minimum amount of study that a student undertaking that course on a full‑time basis would be expected to undertake in that year.\n\n> investigation means an investigation involving the exercise of investigative powers under Part 3 of the Regulatory Powers (Standard Provisions) Act 2014, in its application under:\n\n    (a) Division 4 of Part 7 of the ESOS Act; or\n    (b) Division 4 of Part 7 of the TEQSA Act.\n\n> TEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registered higher education provider charge","content":"## Part 2—Registered higher education provider charge","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Amount of charge","content":"#### 5 Amount of charge\n\n  (1) For the purposes of paragraph 7(1)(b) of the Act, the amount of registered higher education provider charge for a year for a registered higher education provider is the sum of:\n    (a) the base component of the charge; and\n    (b) the compliance component of the charge (if any).\n  Base component of charge\n  (2) The base component of the charge for a year (the relevant year) is worked out in accordance with the formula:\n  ![Start formula start fraction 7,591,000 over number of providers end fraction plus open bracket start fraction 2,260,000 over total equivalent full-time students end fraction times provider’s equivalent full-time students close bracket end formula](image.002.png)\n  where:\n\n> number of providers means the number of registered higher education providers at the start of the relevant year.\n\n> provider’s equivalent full‑time students means the total number of students enrolled, on an equivalent full‑time basis, in each accredited course that was, in the year that is 2 years before the relevant year, provided by the provider.\n\n> total equivalent full‑time students means the total number of students enrolled, on an equivalent full‑time basis, in each accredited course that was, in the year that is 2 years before the relevant year, provided by each entity that, at that time, was a registered higher education provider.\n\n  (3) In working out, for the purposes of subsection (2), the number of students enrolled on an equivalent full‑time basis in an accredited course in a year:\n    (a) count a student that has a full‑time study load for the course and the year as 1 student; and\n    (b) count any other student as a fraction that represents the student’s amount of study undertaken as part of the course and the year relative to a student that does have a full‑time study load for the course and the year.\n\n> Note: Example: A full‑time student is enrolled in 8 units of study as part of a course for a year and is counted as 1 student. A part‑time student is enrolled in 4 units of study as part of that course and is counted as half of 1 student. Another student is enrolled in 10 units of study as part of that course and is counted as 1 and a quarter of 1 student.\n\n  Compliance component of charge\n  (4) The compliance component of the charge for a year is the sum of the following:\n    (a) if, in the previous year, TEQSA decided to commence one or more assessments under section 59 of the TEQSA Act to assess whether the provider continued to meet the Threshold Standards (within the meaning of that Act)—$39,600 for each assessment;\n    (b) if, in the previous year, TEQSA decided to commence one or more assessments under section 61 of the TEQSA Act in respect of an accredited course in relation to the provider—$39,600 for each assessment;\n    (ba) if, in the previous year, TEQSA decided to conduct one or more audits of the provider under subsection 112A(1) of the ESOS Act—$39,600 for each audit;\n    (c) if:\n    (i) at any time in the previous year, the provider’s registration had one or more conditions; and\n    (ii) the conditions were imposed by TEQSA under subsection 10B(1) or 83(3) of the ESOS Act or subsection 32(1) of the TEQSA Act (whether or not they were imposed in that year);\n    $4,500 for each condition;\n    (d) if:\n    (i) at any time in the previous year, the accreditation of a course of study in relation to the provider had one or more conditions; and\n    (ii) the conditions were imposed by TEQSA under subsection 53(1) of the TEQSA Act (whether or not they were imposed in that year);\n    $3,700 for each condition;\n    (e) if, at any time in the previous year, one or more compliance undertakings were in force—$1,800 for each undertaking;\n    (f) if, at any time in the previous year, TEQSA conducted an investigation in relation to a matter that constitutes, or may constitute, a contravention of an offence provision or a civil penalty provision by the provider (whether or not the investigation is continuing)—$180 for each hour spent in conducting the investigation in that year by:\n    (i) members of the staff of TEQSA mentioned in section 156 of the TEQSA Act; and\n    (ii) subject to subsection (5), staff made available to TEQSA mentioned in section 157 of the TEQSA Act.\n  (5) Subparagraph (4)(f)(ii) applies in relation to the services of an officer or employee of a State or Territory authority only if an arrangement mentioned in subsection 157(2) of the TEQSA Act provides for the Commonwealth to reimburse the State or Territory with respect to those services.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application provisions","content":"## Part 3—Application provisions","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Amendments made by the Tertiary Education Quality and Standards Agency (Charges) Amendment Regulations 2025","content":"#### 6 Amendments made by the Tertiary Education Quality and Standards Agency (Charges) Amendment Regulations 2025\n\n  The amendments of this instrument made by the Tertiary Education Quality and Standards Agency (Charges) Amendment Regulations 2025 apply in relation to registered higher education provider charge for 2026 and later years.","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the methodology for calculating annual charges imposed on registered higher education providers to fund TEQSA's regulatory activities. The 2025 amendments (referenced in section 6) appear to be prospective technical updates rather than an expansion of scope."},"complexity_factors":["Mathematical formula with multiple variables for base component calculation (subsection 5(2))","12 defined terms in the interpretation section, with 3 terms defined by reference to other Acts","Nested cross-references to 4 separate Acts (TEQSA Act, ESOS Act, Higher Education Support Act 2003, Regulatory Powers Act 2014)","Temporal complexity: student numbers are drawn from 'the year that is 2 years before the relevant year' (subsection 5(2))","Fractional student counting methodology with worked example (subsection 5(3))","Conditional logic in compliance component with 6 separate triggering conditions (paragraphs 5(4)(a)-(f))","Sub-condition in paragraph 5(4)(f) regarding reimbursement arrangements for State/Territory staff (subsection 5(5))","Application provision with future-dated effect for 2026 amendments (section 6)"],"plain_english_summary":"This law sets annual charges that registered higher-education providers must pay to TEQSA, funding its regulation of Australian tertiary education. Charges have a base component (shared fixed cost plus a student-number-based share) and a compliance component that makes providers requiring extra oversight pay more. It implements a “user‑pays” approach to finance quality assurance, protect students, and safeguard Australia’s higher‑education reputation, including the international student market."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument as amended includes a temporal application rule: amendments made by the Tertiary Education Quality and Standards Agency (Charges) Amendment Regulations 2025 apply to registered higher education provider charges for 2026 and later years (section 6). This alters the instrument’s operation for future charge years; the core scope remains setting annual base and compliance components under section 5."},"complexity_factors":["Numeric formula combining a fixed pool and a per‑student proportion (section 5(2))","Use of historical enrolment data (students in the year two years before the relevant year) to scale charges (section 5(2))","Multiple, discrete compliance charge triggers with different fixed amounts (assessments, audits, conditions, undertakings) (section 5(4))","Hourly investigation charging that differentiates TEQSA staff and external staff and depends on intergovernmental reimbursement arrangements (sections 5(4)(f)–5(5))","Cross‑references to several external Acts and provisions for defined terms and triggering powers (TEQSA Act, ESOS Act, Regulatory Powers Act, Higher Education Support Act) (definitions and section 5)","Amendment timing rule applying later regulations to future years (section 6)"],"plain_english_summary":"This instrument sets the annual charge each registered higher education provider must pay to TEQSA. The charge has two parts: a base amount split across providers and scaled by each provider’s student numbers (using enrolments from two years earlier), plus a compliance component made up of fixed fees for TEQSA assessments, audits, conditions and undertakings and an hourly investigation charge. It affects all registered higher education providers by allocating regulatory costs to providers and linking some fees to TEQSA enforcement activity."},"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/tertiary-education-quality-and-standards-agency-charges-regulations-2022","history":"/api/acts/tertiary-education-quality-and-standards-agency-charges-regulations-2022/history","analysis":"/api/acts/tertiary-education-quality-and-standards-agency-charges-regulations-2022/analysis","conflicts":"/api/acts/tertiary-education-quality-and-standards-agency-charges-regulations-2022/conflicts","importantCases":"/api/acts/tertiary-education-quality-and-standards-agency-charges-regulations-2022/important-cases","documents":"/api/acts/tertiary-education-quality-and-standards-agency-charges-regulations-2022/documents"}}