{"id":"F2020L00549","name":"Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020","slug":"tertiary-education-quality-and-standards-agency-determination-of-fees-no-1-of-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100119,"registerId":"commonwealth-F2020L00549-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020","content":"![Commonwealth Coat of Arms of Australia](image.001.png)\n\nTertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020\n\nmade under subsection 158(1) of the Tertiary Education Quality and Standards Agency Act 2011\n\nCompilation No. 04\n\nCompilation date: 1 January 2026\n\nIncludes amendments up to: Tertiary Education Quality and Standards Agency Fees Amendment (2025 Measures No. 2) Determination 2025\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020 that shows the text of the law as amended and in force on 1 January 2026 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\nPart 1 – Preliminary\n\n1 Name of Determination\n\nThis Determination is the Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020.\n\n3 Authority\n\nThis determination is made under sections 158(1) and 158(3) of the Tertiary Education Quality and Standards Agency Act 2011\n\n4 Interpretation\n\nIn this Determination:\n\nAct or TEQSA Act means the Tertiary Education Quality and Standards Agency Act 2011.\n\nauthorised offshore provider has the same meaning as it has in the TEQSA Act.\n\nCore Standards means the following Standards, as set out in Part A of the Threshold Standards:\n\n 5.1.2 (about Course Approval and Accreditation);\n 5.2.1, 5.2.2, 5.2.3 and 5.2.4 (about Academic and Research Integrity);\n 5.3.7 (about Monitoring, Review and Improvement);\n 6.1.3 and 6.1.4 (about Corporate Governance);\n 6.2.1 (about Corporate Monitoring and Accountability); and\n 6.3 (about Academic governance).\n\nELICOS means English Language Intensive Course for Overseas Students.\n\nESOS Act means the Education Services for Overseas Students Act 2000.\n\nESOS Agency has the same meaning as it has in the ESOS Act.\n\n> Foundation Program means a course to which the instrument made under section 176C of the ESOS Act applies.\n\nHigher education award has the same meaning as it has in the Act.\n\nHigher education provider has the same meaning as it has in the Act.\n\n> nested set of courses means a set of courses consisting of one primary course and one or more related courses of study.\n\n> primary course of study means the course of study from which all of the subjects or units comprising a related course of study are taken.\n\n> prospective provider means a regulated entity which is not a registered higher education provider.\n\nRegistered higher education provider has the same meaning as it has in the Act.\n\n> Regulated entity has the same meaning as it has in the Act.\n\nRegulated higher education award has the same meaning as it has in the Act.\n\n> related course of study means a course of study comprised entirely of subjects or units taken from another course of study offered by the same registered higher education provider (the primary course of study).\n\n> Teach out, in relation to an application for renewal of accreditation, refers to a course in which students are no longer allowed to enrol or commence.\n\nTertiary Education Quality and Standards Agency or TEQSA has the same meaning given at section 5 of the Act.\n\nThreshold Standards has the same meaning as it has in the Act.\n\n \nSchedule A – Fees\n\nFees payable for the performance of TEQSA’s functions\n\n The fee for an activity mentioned in an item in the following table is the amount mentioned in the third column for that item.\n\n```html\n

Item

Activity for which the fee is imposed

Amount of the fee

Registration

1

Preliminary assessment of application for registration as a higher education provider – s 19 of the TEQSA Act

$14,700

2

Substantive assessment of application for registration as a higher education provider – s 20 of the TEQSA Act

$112,100

3

Renewal of registration application (where the higher education provider is not also applying for self-accreditation, otherwise see row 4 below) – s 35 of the TEQSA Act

  1. where the approved form for the application requires the applicant to address provisions of the Threshold Standards other than the Core Standards: $113,000
  2. otherwise: $66,000

4

Renewal of registration application combined with application for self- accreditation (where the higher education provider applies for renewal of registration and for

authority to self-accredit one or more courses of study at the same

time) – ss 35 and 41 of the TEQSA Act

  1. where the approved form for the application requires the applicant to address provisions of the Threshold Standards other than the Core Standards: $129,200

b. otherwise: $75,000

5

Application for change of higher education provider category – s 38 of the TEQSA Act

$51,800

6

Application to TEQSA as an ESOS Agency for registration to provide a course or courses at a location or locations to overseas students – s 9 of the ESOS Act

$24,500

7

Application to TEQSA as an ESOS Agency for renewal of registration – s 10D of the ESOS Act

  1. where the provider has self- accrediting authority: $13,600
  2. where the provider does not have self-accrediting authority:

$27,500

8

Application to TEQSA as an ESOS Agency to add one or more courses at one or more additional locations to a provider’s registration – s 10H of the ESOS Act

  1. for each location for which the provider is not registered at the time of the application:
    1. where the provider has self-accrediting authority: $1,900
    2. where the provider does not have self- accrediting authority:

$9,600

  1. for each course for which the provider is not registered at any location at the time of the application:
    1. $5,100 per ELICOS
    2. $5,200 per Foundation Program
    3. in all other cases, $600 per course

Course accreditation

9

Application for authority to self- accredit one or more courses of study (where the higher education provider has not applied for renewal of registration at the same time, otherwise see row 4 above) – s 41 of the TEQSA Act

  1. for an application by a higher education provider which is authorised under the TEQSA Act to self-accredit one or more courses of study: $36,800
  2. for an application by a higher education provider with no existing authority under the Act to self-accredit a course or group of courses of study: $51,800

10

Preliminary assessment of application by a prospective provider for accreditation of a course of study (other than an undergraduate certificate) – s 47 of the TEQSA Act

$6,000 per course

* where a prospective provider has an equivalent full-time student load of less than 5000 students, the table

set out in section 2 of Schedule B applies

11

Substantive assessment of application by a prospective provider for accreditation of a course of study (other than an undergraduate certificate) – s 48 of the TEQSA Act

  1. where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses: $44,700 per course
  2. where an application is for accreditation of a nested set of courses: $44,700 for the primary course of study and $40,000 for each related course of study

* where a prospective provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies

12

Preliminary assessment of application by a registered higher education provider for accreditation of a course of study (other than an undergraduate certificate) – s 47 of the TEQSA Act

  1. where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses: $5,200 per course
  2. where an application is for accreditation of a nested set of courses: $5,200 for the primary course of study and $1,300 for each related course of study

* where a higher education provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies

13

Substantive assessment of application by a registered higher education provider for accreditation of a course of study (other than an undergraduate certificate) – s 48 of the TEQSA Act

  1. where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses: $19,100 per course
  2. where an application is for accreditation of a nested set of courses: $19,100 for the primary course of study and $4,800 for each related course of study

* where a higher education provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies

14

Preliminary assessment of application for accreditation of an

undergraduate certificate – s 47 of the TEQSA Act

$300 per course

15

Substantive assessment of application for accreditation of an undergraduate certificate – s 48 of the TEQSA Act

$1,300 per course

16

Application for renewal of accreditation for a course of study (other than an undergraduate certificate or an application made on the basis of teach out) – s 55 of the TEQSA Act

  1. where an application is for renewal of accreditation of a single course of study or multiple courses of study that do not form a nested set of courses: $24,500 per course
  2. where an application is for accreditation of a nested set of courses: $24,500 for the primary course of study and $5,900 for each related course of study

* where a higher education provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies

17

Application for renewal of accreditation for teach out course of study (other than an undergraduate certificate) – s 55 of the TEQSA Act

  1. where an application is for accreditation of a single course of study or multiple courses of study that do not form a nested set of courses: $3,100 per course
  2. where an application is for accreditation of a nested set of courses: $3,100 for the primary course of study and $800 for each related course of study

* where a higher education provider has an equivalent full-time student load of less than 5000 students, the table set out in section 2 of Schedule B applies

18

Application for renewal of accreditation for an undergraduate certificate – s 55 of the Act

$1,200 per course

Conditions

19

Application to vary or revoke a condition of registration or accreditation – s 32(3) or s 53(3) of the TEQSA Act

a. for an application made under subsection 32(3) in relation to a condition imposed on a higher

education provider’s registration: $3,900 per condition

b. for an application made under subsection 53(3) in relation to a condition imposed on the accreditation of a course: $3,100 per condition

Review of decisions

20

Application for internal review of a decision made by a delegate of TEQSA – s 184 of the TEQSA Act and s 169AD of the ESOS Act

$1,100

Authorisation for providing courses offshore

21

Application for authorisation to as an authorised offshore provider – s 44B of the TEQSA Act

$36,800

22

Application to vary or revoke a condition imposed on the authorisation of a provider as an authorised offshore provider – s 44J(3) of the TEQSA Act

$3,900

\n```\n\n \nSchedule B - Other matters relating to the payment of fees\n\nPart 1 – application provision – fees for substantive assessments\n\n1 Fees for substantive assessments\n\n Subject to subsection (2), where, prior to 1 January 2023, a regulated entity makes an application under section 18 or section 46 of the Act, the relevant fee under section 20 or section 48 of the Act respectively for the substantive assessment of the application will be the fee payable under the Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020 as it applied prior to the commencement of this instrument.\n Where prior to 1 January 2023, an application is made under section 46 of the Act in relation to an undergraduate certificate and, the fee for the substantive assessment of the application has not been paid prior to 1 January 2023, the relevant fee under section 48 of the Act for the substantive assessment of the application will be the fee set out in item 15 of the table in Schedule A.\n\nPart 2 – Course Accreditation Discounts\n\n2 Discounts based on provider’s equivalent full-time student load\n\n Where, on or after 1 January 2023\n\n a provider makes an application to have a course of study accredited, or to have the accreditation of a course of study renewed; and\n the provider’s equivalent full-time student load is less than 5,000 students,\n\n the following discounts to the fees set out in items 10, 11, 12, 13, 16 and 17 of the table in Schedule A apply in relation to the application:\n\n| Provider’s equivalent full-time student load | Percentage discount |\n| ----------------------------------------------------------- | ------------------------- |\n| A number equal to or greater than 0 but less than 500 | Seventy percent reduction |\n| A number equal to or greater than 500 but less than 1000 | Sixty percent reduction |\n| A number equal to or greater than 1,000 but less than 1,500 | Fifty percent reduction |\n| A number equal to or greater than 1,500 but less than 2000 | Forty percent reduction |\n| A number equal to or greater than 2,000 but less than 3,000 | Thirty percent reduction |\n| A number equal to or greater than 3,000 but less than 4000 | Twenty percent reduction |\n| A number equal to or greater than 4,000 but less than 5000 | Ten percent reduction |\n\n> In this section\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 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 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 > Provider’s equivalent full‑time student load means the total number of students enrolled, on an equivalent full‑time basis, in each accredited course provided by the provider in the year that is 2 years before the year in which the application for accreditation or the renewal of accreditation is made.\n\n> In working out, for the purposes of the above table, the number of students enrolled on an equivalent full‑time basis in an accredited course in a year:\n\n1. count a student that has a full‑time study load for the course and the year as 1 student; and\n2. 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\nPart 3 – Waiver and refund of fees\n\n3 Waiver of fees – undergraduate certificate decision not made prior to withdrawal\n\n TEQSA may waive part of the fee set out in items 15 and 18 of the table in Schedule A, where the application for accreditation or the renewal of accreditation is withdrawn before a decision regarding the application is made.\n If TEQSA determines to waive part of a fee under subsection (1), TEQSA must waive $300 from the fee that is otherwise payable.\n\n4 Waiver of fees - general\n\nTEQSA may waive all or part of the fees payable in Schedule A of this instrument in the following circumstances:\n\n(a) where an application is for renewal of accreditation of a course of study on the basis that:\n\n(i) No new enrolments will be permitted in the course from the date on which the provider’s current accreditation for the course is to end, and\n\n(ii) The provider ceases to provide the course at the conclusion of the first teaching period that commences after the date on which the provider’s current accreditation for the course is to end\n\nall or part of the fee for renewal of accreditation of the course may be waived.\n\n(b) when the responsibility for offering or conferring one or more higher education awards has been transferred from one person or body, including a body politic or a body corporate (the first provider) to another person or body (the second provider) and the first provider is, or has been within one month prior to the date on which the second provider applies to TEQSA for registration as a higher education provider, a registered higher education provider, then TEQSA may waive all or part of the following fees in relation to the second provider:\n\n(i) the fees for a preliminary and substantive assessment of an application for registration;\n\n(ii) the fees for preliminary and substantive assessments of any applications for course accreditation provided with the application for registration;\n\n(iii) the fee for an application for registration under section 9 of the ESOS Act to provide a course at a location to overseas students.\n\n5 Waiver of fees – special or unusual circumstances\n\n TEQSA may waive any of the following fees that would otherwise be payable under this instrument, in whole or in part where, in TEQSA’s opinion, special or unusual circumstances exist which would cause the fee to be unreasonable or inequitable:\n\n1. in all cases – a fee under items 3 – 5, 7 – 9 and 16 – 22 of the table at section (1) of Schedule A;\n2. a fee under items 1, 2, 12 – 15 of the table at section (1) of Schedule A, where the fee relates to an application by a registered higher education provider.\n\n In deciding whether to exercise its discretion under subsection 5(1), TEQSA must have regard the objective of recovering the costs associated with TEQSA’s regulatory effort in the assessment of applications.\n\n6 Refund of fees – special or unusual circumstances\n\n1. TEQSA may refund all or part of any of the following fees, in whole or in part where subsection (3) applies and, in TEQSA’s opinion, special or unusual circumstances exist that cause the fee to be unreasonable or inequitable:\n\n1. a fee under items 3 – 5, 7 – 9 and 16 – 22 of the table at section (1) of Schedule A;\n2. a fee under items 1, 2, 12 – 15 of the table at section (1) of Schedule A, where the fee relates to an application by a registered higher education provider.\n\n1. In deciding whether to exercise its discretion under subsection 6(1), TEQSA must have regard to the objective of recovering the costs associated with TEQSA’s regulatory effort in the assessment of applications.\n2. This subsection applies to a fee which was paid to TEQSA on or after 1 January 2020.\n\nPart 4 – Payment of Fees by instalments\n\n7 Payment by instalments\n\n1. If a registered higher education provider, planning to make an application to which one of the fees set out in Schedule A applies, makes a request to pay the relevant fee by instalments and, TEQSA determines that the circumstances set out in subsection 7(2) exist, TEQSA may determine that the provider can pay the relevant fee by instalments.\n TEQSA may make a determination under subsection 7(1) where, in TEQSA’s opinion, special or unusual circumstances exist which would cause a requirement to pay the fee in a single instalment to be unreasonable or inequitable.\n In deciding whether to exercise its discretion under subsection 7(1), TEQSA must have regard to the objective of recovering the costs associated with TEQSA’s regulatory effort in the assessment of applications.\n TEQSA must, within 30 days of making a decision under subsection 7(1), notify the provider in writing of TEQSA’s decision and the reasons for that decision.\n The notification described in subsection 7(4) must also set out the terms and conditions for payment of the fee by instalments. The terms and conditions imposed by TEQSA in relation to payment by instalments must:\n\n(a) provide for payment of the full fee amount within 4 instalments or less;\n\n(b) set out the dates on which each instalment is due and provide for payment of the full fee amount within 12 months of the date on which the relevant application is made;\n\n(c) be aimed at ensuring TEQSA recovers the full fee amount:\n\n(i) as soon as is reasonably practicable, having regard to the registered higher education provider’s ability to pay the fee; and\n\n(ii) (where the application is for the accreditation of a course of study) before TEQSA is required to make a decision regarding the application, per sections 47(1) or 49(2)(a) of the TEQSA Act (as relevant).\n\n If TEQSA exercises its discretion under subsection 7(1) in relation to the payment of a fee for an application, for the purposes of TEQSA’s assessment of the application:\n\n(a) the application will be taken to be accompanied by the fee determined under section 158 of the TEQSA Act; or\n\n(b) the applicant will be taken to have continued with the application by paying the fee determined under section 158 for a substantive assessment,\n\n once the first instalment for the relevant fee has been paid.\n\nPart 5 – Merits review\n\n8 Merits review\n\nA decision under section 3, 4, 5, 6 or 7 of this Schedule is a reviewable decision for the purposes of this Part.\n\n9 Internal review\n\n(1) Where a reviewable decision is made by a delegate of TEQSA, a person affected by the decision may make an application for internal review of the decision.\n\n(2) An application for internal review pursuant to this section must:\n\n(a) be made within 30 days after the applicant is informed of the decision, or within such longer period as TEQSA allows;\n\n(b) set out the reasons for the application.\n\n(3) Upon receiving an application for internal review, TEQSA must review the reviewable decision.\n\n(4) TEQSA may:\n\n(a) affirm, vary or revoke the reviewable decision;\n\n(b) if TEQSA revokes the decision, make such other decision as TEQSA thinks appropriate.\n\n(5) TEQSA must, within 30 days of making its decision on review, notify the applicant, in writing, of:\n\n(a) the decision; and\n\n(b) the reasons for decision.\n\n(6) TEQSA must make its decision on the review of a reviewable decision within 90 days after receiving the application for review.\n\n(7) TEQSA is taken, for the purposes of this section, to have made a decision under paragraph 9(4)(a) affirming the reviewable decision if it does not make a decision within the period in subsection 9(6).\n\n10 Review by the Administrative Review Tribunal\n\nAn application may be made to the Administrative Review Tribunal for review of:\n\n1. a reviewable decision if the decision was not made by a delegate of TEQSA;\n2. a decision of TEQSA under subsection 9(4).\n\n> Note: Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted | o = order(s) |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| exp = expires/expired or ceases/ceased to have | reloc = relocated |\n| effect | renum = renumbered |\n| F = Federal Register of Legislation | rep = repealed |\n| gaz = gazette | rs = repealed and substituted |\n| LA = Legislation Act 2003 | s = section(s)/subsection(s) |\n| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |\n| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |\n| effect | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment | SR = Statutory Rules |\n| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |\n| mod = modified/modification | SubPt = Subpart(s) |\n| No. = Number(s) | underlining = whole or part not |\n| | commenced or to be commenced |\n\n> Note: Endnote 3—Legislation history\n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| ------------------------------------------------------------------------------------------------------- | ---------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------- |\n| Tertiary Education Quality and Standards Agency Determination of Fees No. 1 of 2020 | 4 May 2020F2020L00549 | 5 May 2020 | n/a |\n| Tertiary Education Quality and Standards Agency Determination of Fees (Amendment) 2020 | 4 August 2020F2020L00985 | 5 August 2020 | n/a |\n| Tertiary Education Quality and Standards Agency Determination of Fees (Amendment) 2022 | 23 November 2022 F2022L01498 | 1 January 2023 | Sch 1 (item 9) |\n| Tertiary Education Quality and Standards Agency Fees Amendment (Updated Fees) Determination 2023 | 30 November 2023 F2023L01571 | 1 January 2024 | n/a |\n| Tertiary Education Quality and Standards Agency Fees Amendment (Updated Fees) Determination 2025 | 13 November 2025F2025L01374 | 1 January 2026Note: repealed by Sch 2 of the Tertiary Education Quality and Standards Agency Fees Amendment (2025 Measures No. 2) Determination 2025 | n/a |\n| Tertiary Education Quality and Standards Agency Fees Amendment (2025 Measures No. 2) Determination 2025 | 22 December 2025F2025L01646 | Sch 1: 1 January 2026Sch 2: 23 December 2025 | n/a |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected | How affected |\n| -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| Part 1 - Preliminarys 2s 3s 4 def ‘Act’s 4 def ‘authorised offshore provider’s 4 def ‘Core Standards’s 4 def ‘ELICOS’s 4 def ‘ESOS Agency’s 4 def ‘Foundation Program’s 4 def ‘nested set of courses’s 4 def ‘primary course of study’s 4 def ‘prospective provider’s 4 def ‘regulated entity’s 4 def ‘related course of study’s 4 def ‘Teach out’s 4 def ‘teaching period’s 4 def ‘Threshold Standards’ | rep LA s 48Dam F2023L01571am F2025L01646ad F2025L01646ad F2022L01498ad F2022L01498ad F2022L01498ad F2022L01498ad F2022L01498ad F2022L01498ad F2022L01498ad F2022L01498ad F2022L01498ad F2022L01498rep F2022L01498ad F2022L01498 |\n| Schedule ASection (1), Table, item 4Section (1), Table | am F2020L00985rs F2022L01498; F2023L01571; F2025L01646 |\n| Schedule BPt 1 headings 1Pt 2 heading | rs F2020L00985rs F2022L01498rs F2022L01498rs F2022L01498 |\n| s 2s 2(1) table | rs F2022L01498rs F2023L01571 |\n| Pt 3 headings 3s 4s 5s 6s 6(2)Pt 4 headings 7Pt 5 headings 8s 9s 9(7)s 10par 10(b) | ad F2022L01498rs F2022L01498rs F2022L01498rs F2022L01498; am F2025L01646ad F2022L01498; am F2025L01646rs F2023L01571ad F2023L01571ad F2023L01571ad F2022L01498; renum F2023L01571rs F2022L01498; renum & am F2023L01571renum F2022L01498; F2023L01571rs F2022L01498; am F2023L01571; am F2025L01646ad F2022L01498; renum F2023L01571; am F2025L01646am F2023L01571 |","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of setting fees for TEQSA's regulatory functions. While it has been amended multiple times (as shown in the endnotes) to update fee amounts and add provisions like the student load discounts and payment by instalments, these changes represent refinements and expansions within the original scope rather than mission creep. The core function—establishing a fee schedule for higher education regulation—remains unchanged."},"complexity_factors":["Multiple fee schedules with conditional logic (different rates based on provider type, student load, and whether applications are combined)","Defined terms section with 15+ specialised definitions including nested concepts like \"nested set of courses\" and \"primary course of study\"","Cross-references to the TEQSA Act 2011, ESOS Act 2000, and Higher Education Support Act 2003","Tiered discount structure in Schedule B with 7 different percentage brackets based on student load calculations","Multiple waiver and refund provisions with discretionary language (\"TEQSA may\") and specific conditions","Transitional provisions in Part 1 of Schedule B dealing with applications made before 1 January 2023","Instalment payment scheme with mandatory terms and conditions in Part 4"],"plain_english_summary":"This instrument sets the fees that TEQSA charges higher education providers for registration, course accreditation, international student approvals and offshore teaching, and establishes discounts, waivers and payment-plan options. \n\nIt affects existing and prospective universities and other providers (including those teaching international students). The fees create substantial compliance costs while size-based discounts, waiver powers and instalment arrangements limit burdens on smaller or unusually affected providers."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since first made, the Determination has evolved beyond a static fee list into a more sophisticated cost‑allocation instrument. Amendments introduced (a) an EFTSL-based, graduated discount scheme for smaller providers (Sch B Pt 2; effective for applications on/after 1 Jan 2023), (b) transitional rules preserving earlier fees for some pre-2023 applications (Sch B Pt 1), (c) expanded waiver/refund discretion and specific relief for transfers of responsibility between providers (Sch B Pt 3–6), and (d) a formal instalment/payment schedule with procedural protections (Sch B Pt 4). Those changes alter the distribution of fee burdens across provider types (benefitting smaller providers and certain transfer cases), add payment flexibility, and increase the Determination’s role in shaping provider behaviour (timing of applications, organisational transfers, course offerings), even though they do not expand TEQSA’s statutory regulatory powers."},"complexity_factors":["22 fee items in Schedule A with multiple sub-variants (e.g. different fees by provider status, course types, nested course sets)","Multiple defined terms added/used (EFTSL, Core Standards, nested set of courses, primary/related course, Teach out, prospective provider, authorised offshore provider, regulated entity) across Parts","EFTSL-based discount table with seven discrete bands and fractional counting rules (Sch B Pt 2)","Transitional provisions for pre-1 Jan 2023 applications (Sch B Pt 1) creating two regimes","Numerous cross-references to TEQSA Act and ESOS Act sections (e.g. ss 19, 20, 35, 41, 47, 48, 55, 44B) increasing interpretive dependencies","Nested conditional logic in many items (e.g. different fees where provider has self-accrediting authority; nested-set versus single-course fees)","Discretionary waiver and refund powers with statutory guidance but open 'special or unusual circumstances' standard (Sch B Pt 3–6)","Instalment scheme imposes specified timing and recovery conditions and procedural requirements (written notice within 30 days, instalment limits) (Sch B Pt 4)","Merits review architecture with internal review time limits and potential AAT review (Sch B Pt 5)","Frequent amendments and versioning history (multiple amending instruments up to 2025) requiring attention to commencement dates and transitional notes"],"plain_english_summary":"**What this Determination does (mechanics)\n\n- Sets the fees TEQSA charges for its core regulatory activities. The fees are listed in Schedule A as 22 numbered items (registration, course accreditation, conditions, review, offshore authorisation, etc.). Examples: item 1 (preliminary assessment for registration) is $14,700; item 2 (substantive assessment for registration) is $112,100; course accreditation and renewal fees vary by item and by whether the provider is applying as a prospective provider or a registered provider (see items 9–18).\n\n- Adds rules about how fees are calculated, discounted, waived, refunded or paid by instalments in Schedule B. Key mechanics:\n - Transitional rules for applications made before 1 January 2023 (Schedule B Part 1) that preserve earlier fee amounts for certain pending applications. (Sch B Pt 1)\n - Discounts for course-accreditation fees where a provider's equivalent full‑time student load (EFTSL-based measure) is less than 5,000 students. Percentage reductions scale from 70% (for providers with <500 EFTSL) down to 10% (for providers with 4,000–4,999 EFTSL). (Sch B Pt 2)\n - TEQSA may waive or refund whole or part of many fees in specified circumstances (withdrawals, teach-out renewals, transfers between providers) and more generally where \"special or unusual circumstances\" make fees unreasonable; TEQSA must consider cost recovery when exercising discretion. (Sch B Pt 3)\n - A formal payment-by-instalments process for registered providers: TEQSA may allow up to 4 instalments or otherwise require full recovery within 12 months, with terms designed to recover the fee before it must decide on accreditation matters. TEQSA must notify the provider in writing within 30 days and set terms. (Sch B Pt 4)\n - Internal merits-review and external review routes for certain TEQSA decisions: internal review (time limits, decision times) and the Administrative Review Tribunal for some decisions. (Sch B Pt 5)\n\n\nWho is affected\n\n- All regulated entities interacting with TEQSA: prospective higher education providers seeking registration or accreditation, registered higher education providers seeking registration renewal, course accreditation or variations, providers applying for self‑accrediting authority, providers seeking to offer courses offshore, and providers that are ESOS (overseas student) agencies. (Definitions and Schedule A items)\n\n- Smaller providers are explicitly affected by the EFTSL-based discount scale (Schedule B Part 2). Providers with self-accrediting authority face different fees in a number of items (e.g. ESOS registration renewal, adding locations/courses). (Schedule A items and Sch B Pt 2)\n\n\nWhy it matters (practical effects and incentives)\n\n- It determines the direct cash cost of seeking or keeping registration, accreditation, self‑accrediting authority, offshore authorisation, and related regulatory processes. The schedule makes those costs fairly large for substantive assessments (six‑figure amounts for some registration substantive assessments) and material for course accreditation and renewals (varying by course type and provider status). (Schedule A items 1–4, 9–18)\n\n- It shifts some of TEQSA’s regulatory cost burden onto applicants and providers (mechanism: user-pays fees). Who pays: the applicant/provider. (Sch A; authority under ss 158(1) and 158(3) of the TEQSA Act)\n\n- It creates explicit relief mechanisms (discounts, waivers, refunds, instalments). Those reduce cash‑flow and affordability barriers for smaller providers (discounts tied to EFTSL) and allow TEQSA discretion to address exceptional cases, but they also introduce administrative discretion and uncertainty. (Sch B Pt 2–4)\n\n- The EFTSL discount creates an incentive for smaller providers (or parts of providers) to seek accreditation because fees are materially lower; conversely, larger providers pay a higher absolute sum. The definition and look‑back method (EFTSL measured two years before the application year) shapes planning and potential gaming incentives—providers may time applications or reclassify enrolments to change discount entitlement. (Sch B Pt 2)\n\n- Payment-by-instalments eases short-term cash constraints but is conditioned on TEQSA’s view of \"special or unusual circumstances\" and TEQSA’s objective to recover costs; TEQSA can require full recovery before a decision in many accreditation cases, so instalments may not delay the moment TEQSA expects final performance. (Sch B Pt 4)\n\n\nCosts, trade-offs and implementation issues (concrete mechanisms)\n\n- Concentrated costs and benefits: substantive application fees are large, so single applicants or small groups of providers bear concentrated costs; discounts concentrate benefits on small providers (Schedule A items; Sch B Pt 2).\n\n- Administrative burden: TEQSA must calculate EFTSL (using a two-year lookback), apply discounts, track instalment arrangements, and exercise waiver/refund discretion. Calculating EFTSL precisely requires counting part‑time study as fractional EFTSL (Sch B Pt 2, definition of \"full‑time study load\"), which raises recordkeeping and verification costs.\n\n- Discretion and predictability: TEQSA has broad discretion to waive/refund fees or permit instalments where \"special or unusual circumstances\" exist, but must have regard to cost recovery. That discretion gives TEQSA flexibility to respond to edge cases but also creates uncertainty for providers about final costs and timing (Sch B Pt 3–5, Pt 4).\n\n- Transitional complexity: rules preserve earlier fee levels for some applications made before 1 January 2023, which protects applicants who applied earlier but creates a two‑tier system and an extra layer of administrative rules. (Sch B Pt 1)\n\n- Incentives for organisational change: explicit fee relief for cases where one provider transfers responsibility for awards to another (Sch B Pt 3(b)) may encourage asset or award transfers to reduce cost duplication when responsibility changes hands.\n\n\nWho decides and dispute routes\n\n- TEQSA (and its delegates) decides on fees, discounts, waivers, instalment approvals and the underlying registration/accreditation decisions. TEQSA must provide written reasons for instalment decisions within 30 days and is required to decide internal reviews within 90 days. (Sch B Pt 4(4)–(5); Sch B Pt 5(5)–(6))\n\n- A person affected by a delegate decision can seek internal review (time limits apply) and, depending on the decision, may seek review by the Administrative Review Tribunal (Sch B Pt 5).\n\n\nOfficial purpose-claims and testing them against trade-offs\n\n- The instrument is presented as a cost‑recovery and administrative tool: it sets recovery amounts for TEQSA's regulatory effort and builds in mechanisms to avoid unfairness (discounts, waivers, refunds, instalments). The Determination requires TEQSA to have regard to cost recovery when exercising discretion (Sch B Pt 3(5) and Pt 6(2)).\n\n- Trade-offs: the Determination enforces user‑pays cost recovery (transfers costs to providers) while adding targeted relief. That reduces direct budgetary pressure on government but increases compliance and transactional costs for regulated entities. The discretionary relief mechanisms reduce rigid outcomes but raise predictability and administrative‑discretion concerns. The EFTSL discount targets smaller providers but uses a two‑year lookback and fractional counting that increases administration and could be manipulated in timing decisions. (Sch A; Sch B Pt 1–4)\n\n\nBottom line (concise)\n\n- This Determination sets TEQSA’s fees for registration, accreditation, renewal, offshore authorisation and related actions; introduces graduated discounts for smaller providers, transitional protections for pre‑2023 applicants, formal waiver/refund powers, instalment arrangements, and internal/external review routes. It materially affects the costs and cashflow of higher education providers seeking or maintaining regulated status and shifts regulatory cost recovery onto applicants while retaining TEQSA discretion to mitigate exceptional hardship. (Schedules A and B)"}},"importantCases":[],"_links":{"self":"/api/acts/tertiary-education-quality-and-standards-agency-determination-of-fees-no-1-of-2020","history":"/api/acts/tertiary-education-quality-and-standards-agency-determination-of-fees-no-1-of-2020/history","analysis":"/api/acts/tertiary-education-quality-and-standards-agency-determination-of-fees-no-1-of-2020/analysis","conflicts":"/api/acts/tertiary-education-quality-and-standards-agency-determination-of-fees-no-1-of-2020/conflicts","importantCases":"/api/acts/tertiary-education-quality-and-standards-agency-determination-of-fees-no-1-of-2020/important-cases","documents":"/api/acts/tertiary-education-quality-and-standards-agency-determination-of-fees-no-1-of-2020/documents"}}