Education Services for Overseas Students (Registration Charges) Regulations 2021

The instrument organises its operation around a small set of statutory concepts and arithmetic rules. Each concept is established or referenced in the Regulations as follows.

Providers and total enrolments

• References to a provider are implicit throughout and derive meaning from the Act; the instrument expressly ties the statutory concept of total enrolments, for a provider for a year, to the definition that appears in the Education Services for Overseas Students (TPS Levies) Act 2012 (s 5). The Regulations do not define “provider” or “approved school provider”; those terms are instruments of the Act and related instruments. The instrument therefore depends on definitions located outside it for the enrolment‑based charge calculation.

Charge types and components

• CRICOS annual registration charge: this is the principal ongoing charge set out by the Regulations and is composed of four enumerated components (s 6). The formula is additive: a fixed dollar amount, an enrolment‑linked variable, and two school‑specific addenda conditional on the provider’s school status and prior year enrolment.
• Schools initial registration charge: a single monetary amount imposed on an application for initial schools registration (s 7).
• Schools renewal registration charge: a monetary amount for renewal applications for school registration (s 8).

Indexation mechanics

• The Regulations require an annual adjustment of the numerical amounts (the components in s 6 and the amounts in ss 7 and 8) at the start of each “indexation year” after 1 January 2022 (s 9(1)). The adjustment is performed using formulae set out in the instrument. The indexation factor is defined in relation to CPI index numbers published by the Australian Statistician, specifically the “All Groups Consumer Price Index number (being the weighted average of the 8 capital cities)” for particular quarters (s 9(2)). The Regulations define base quarter and reference quarter in terms of the September quarter: the reference quarter is the September quarter in the year before the indexation year, the base quarter is the last September quarter before the reference quarter (s 9(2)). Procedural rules include rounding the indexation factor to three decimal places (s 9(3)), rounding final amounts to the nearest whole dollar with 50 cents upwards (s 9(4)), raising any indexation factor less than 1 to 1 (s 9(5)), and using only index numbers published in terms of the most recently published index reference period while generally disregarding substitute index numbers (s 9(6)).

Temporal and transitional concepts

• Commencement: the entire instrument commenced on 1 January 2022 (s 2).
• Exemption class for 2022: the instrument prescribes the class consisting of all providers for certain subsections of the Act in relation to charges imposed for or during the calendar year beginning 1 January 2022 (s 10). That prescription operates by reference to the Act’s subsections (5(9), 6(8), 7(8)).
• Transitional application of the repealed instrument: the 2011 Regulations continue to apply for any charge that became due before commencement, as if repeal had not occurred (s 11).

Statutory relationships

• The Regulations are made under the Registration Charges Act 1997 (s 3) and effect a full repeal of the 2011 Regulations (Schedule 1). They also explicitly rely on and reference index numbers published by the Australian Statistician (s 9(2)), and borrow the meaning of total enrolments from the TPS Levies Act 2012 (s 5).

In short, the Regulations turn policy‑level obligations under the Registration Charges Act 1997 into fixed monetary charges, supply conditional addenda for certain school providers, establish a CPI‑linked annual updating mechanism with specified rounding and floor rules, and supply a one‑year exemption for 2022 while preserving pre‑commencement liabilities under the previous regulations (ss 5-11; Schedule 1).

The instrument affects entities that are providers under the Education Services for Overseas Students regulatory framework, and specifically those entities that are required to pay registration charges under the Education Services for Overseas Students (Registration Charges) Act 1997. The instrument does not define “provider” itself; it operates by reference to the Act. The Regulations also make express distinctions that change liability depending on whether a provider is an approved school provider and whether that provider had at least one overseas student enrolled in the previous year for a registered course (s 6(c), (d)).

Groups and roles affected:

• All providers subject to the Registration Charges Act 1997: the instrument prescribes the monetary components of the CRICOS annual registration charge and the amounts for school initial and renewal registration charges that apply to providers. The total enrolments metric used to calculate one component is taken from the TPS Levies Act 2012 (s 5), so providers whose enrolments are captured under that Act will be affected insofar as the enrolment count determines the $5 per enrolment component of the CRICOS annual registration charge (s 6(b)).
• Approved school providers: providers recognised as approved school providers are exposed to two additional fixed components under the CRICOS annual registration charge,a $116 addendum (s 6(c)) and a $695 addendum if the provider had at least one overseas student enrolled in the previous year for a course for which the provider was registered for that year (s 6(d)). These addenda are conditional and so only apply to the subset of providers meeting those conditions.
• Applicants for school registration: entities that apply for initial registration as a school will face an initial registration charge set at $2,690 (s 7). Entities seeking renewal of school registration will face a renewal registration charge set at $1,080 (s 8). Both amounts are subject to indexation under s 9.
• Entities with charges due pre‑commencement: for charges that became due for payment before commencement of the Regulations, the 2011 Regulations continue to apply to those charges as if they had not been repealed (s 11). Therefore, providers with liability arising prior to 1 January 2022 remain governed by the previous instrument for those liabilities.
• All providers for 2022: notwithstanding the above, the Regulations expressly prescribe the class consisting of all providers for purposes of particular subsections of the Act relating to exemptions, thereby exempting all providers from the charges prescribed by the instrument for the calendar year beginning 1 January 2022 (s 10).

Practical consequence of these allocations:

• The Regulations place a quantifiable, per‑provider cost structure on CRICOS registration and on school registration applications. Providers that are not approved school providers will pay only the fixed base and the enrolment‑linked component; approved school providers may pay up to two additional fixed amounts depending on prior enrolment of overseas students (s 6).
• For 2022, however, the Regulations prescribe the class of all providers for the specified charges and thereby remove the immediate payment obligation created by the Regulations for that calendar year (s 10). The transitional provision preserves prior liabilities if they fell due before 1 January 2022 (s 11).

The Regulations therefore affect the universe of regulated providers, with differential exposure for approved school providers and a temporary exemption for the entire class of providers for the 2022 calendar year (ss 6, 7, 8, 10, 11).

The Regulations themselves are primarily prescriptive on amounts and the method of updating those amounts. They do not restate the broader statutory duties and rights in the parent Act, but they do create concrete duties and procedural obligations by setting fees and the method to calculate them. The following are the principal duties, entitlements and procedural points that a provider must observe or can rely upon under the instrument.

Duties to pay specified charges and how to calculate them

• CRICOS annual registration charge: Providers are obliged to pay an annual registration charge the amount of which is the sum of the components listed in s 6. The components are: $440; $5 multiplied by total enrolments for the provider for the previous year; $116 if the provider is an approved school provider; and $695 if the provider is an approved school provider that had at least one overseas student enrolled in the previous year for a course for which the provider was registered (s 6). Those amounts are subject to the indexation procedure in s 9.
• Schools initial and renewal registration charges: Applicants for initial school registration have a duty to pay $2,690 and applicants for renewal have a duty to pay $1,080, subject to indexation (ss 7 and 8).

Right or entitlement to the 2022 exemption

• The instrument prescribes, for the purposes of particular subsections of the Act, the class consisting of all providers for charges imposed for or during the calendar year beginning 1 January 2022 (s 10). That prescription operates as an exemption from those charges for that year under the Act’s mechanism that allows the Regulations to prescribe classes for exemptions. Providers therefore have the right to not be charged the amounts the Regulations otherwise prescribe for that calendar year, subject to the statute’s operation.

Indexation obligations and procedural duties

• The Regulations impose a procedural duty to update the monetary amounts at the start of each indexation year after 1 January 2022 using the formulae in s 9(1) and the indexation factor rules in s 9(2) to (6). A responsible officer calculating the amounts must:
  • identify the reference quarter and base quarter as defined in s 9(2);
  • obtain the All Groups CPI “index number” for those quarters published by the Australian Statistician (s 9(2));
  • compute the indexation factor and round it to three decimal places using the rounding rule in s 9(3);
  • apply the factor using the formula set out in s 9(1) (the instrument reproduces the formula);
  • round final amounts to the nearest whole dollar, rounding 50 cents upwards (s 9(4));
  • ensure any indexation factor less than 1 is increased to 1 (s 9(5));
  • use only index numbers published in terms of the most recently published index reference period, and disregard substitute index numbers except where they are published to account for a change in the index reference period (s 9(6)).

Interaction with existing statutory scheme

• The Regulations are made under the Registration Charges Act 1997 (s 3). That Act sets out who is obliged to pay registration charges and the statutory mechanism for those charges. The Regulations supply the numeric values and indexation method that enable the Act’s charging provisions to be given effect.

Preservation of prior liabilities

• For any charge that became due for payment before the commencement of the Regulations, the 2011 Regulations continue to apply as if repeal had not occurred (s 11). The duty to pay such pre‑commencement charges therefore remains governed by the former instrument.

What the Regulations do not themselves do

• The Regulations do not specify enforcement mechanisms, penalties or recovery procedures; those matters are matters of the parent Act or other law. The instrument confines itself to monetary prescription and indexation mechanics. It also does not itself define “approved school provider” or “provider” and does not change definitions located in other instruments; it relies on those external definitions (s 5).

In summary, the Regulations impose calculable payment duties on providers under the Act by prescribing amounts and a repeatable indexation method, confer an express exemption for the 2022 calendar year, and preserve application of the prior instrument for pre‑commencement charges (ss 6-11).

The Regulations do not contain express penalty or enforcement provisions. They are confined to specifying amounts, indexation methods and transitional arrangements. The text of the instrument neither creates offences nor prescribes enforcement measures or sanctions. Accordingly, enforcement, penalties, recovery of unpaid charges and other compliance or sanctioning mechanisms remain matters for the Education Services for Overseas Students (Registration Charges) Act 1997 or other applicable law, not for these Regulations themselves (s 3).

What is present in the Regulations that has enforcement relevance

• Monetary prescription: by fixing amounts and setting an indexation procedure (ss 6-9), the Regulations create identifiable monetary obligations which, if unpaid, would give rise to whatever enforcement powers the Act or related statute provides. The Regulations therefore act as the basis for any enforcement action under the parent Act by determining the quantum of liability.
• Transitional preservation of prior liabilities: s 11 preserves liabilities that became due before commencement, meaning those pre‑commencement charges remain enforceable under the terms of the repealed instrument as though repeal had not happened. Enforcement of those liabilities therefore continues to proceed under the prior regulatory regime for those specific charges.
• Exemption specification: s 10 prescribes a class for the purposes of particular subsections of the Act that operate to exempt all providers from the prescribed charges for the calendar year beginning 1 January 2022. If the Act conditions exemptions on a prescribed class, this Regulation’s prescription operates to create that statutory exemption. Enforcement authorities therefore would lack a basis to seek payment of the prescribed charges for the 2022 calendar year under the Act, because the Regulations have carved out all providers for that period.

Implication for regulated parties

• Providers should not assume that these Regulations modify the enforcement language of the parent Act. Instead they implement the amount side of the equation; recovery, penalty and enforcement modalities must be traced back to the primary statute or other instruments. The Regulations’ preservation of pre‑commencement liabilities and its temporary exemption for 2022 directly affect the universe of enforceable charges, but any steps to collect unpaid amounts will depend on the powers in the Act and other law (s 11, s 10).

Because the instrument does not itself create enforcement procedures, practitioners seeking to advise on enforcement remedies, sanctions or compliance transgression consequences must consult the Registration Charges Act 1997 and any relevant administrative arrangements or regulations under that Act.

The Regulations are a piece of subordinate legislation made under the Education Services for Overseas Students (Registration Charges) Act 1997 and therefore must be read in the statutory architecture established by that Act. The instrument also expressly references the Education Services for Overseas Students (TPS Levies) Act 2012 for the meaning of total enrolments, and it depends on statistical publications by the Australian Statistician for indexation. It repeals the 2011 Regulations in full and provides limited transitional application of the repealed instrument.

Direct statutory interactions

• Parent Act: the Regulations are made under the Registration Charges Act 1997 (s 3). The Act contains the substantive charging, exemption and recovery provisions. The Regulations provide the numerical values and indexation procedure that operationalise several of the Act’s charging provisions (see notes in ss 6-8 which state those amounts are for the purposes of particular paragraphs of the Act).
• TPS Levies Act 2012: the instrument adopts the definition of total enrolments from the TPS Levies Act 2012 (s 5). That means the mechanism for counting enrolments is not found in these Regulations but in the TPS Levies Act. Any change to the enrolment counting rules in that Act will therefore affect the calculation of the $5 per enrolment component of the CRICOS annual registration charge (s 6(b)).
• Australian Bureau of Statistics (ABS) CPI publications: indexation under s 9 directs users to the All Groups Consumer Price Index number, the weighted average of the eight capital cities, published by the Australian Statistician. The procedure for indexation requires the use of specific quarterly index numbers and contains rules about using only index numbers published in the most recently published index reference period and disregarding substitute numbers unless they are published to account for a change in the index reference period (s 9(2), (6)). This cross‑reference imports ABS publication timing and revision practices as a procedural constraint on indexation.

Interaction with prior subordinate legislation

• Repeal and transitional: Schedule 1 repeals the Education Services for Overseas Students (Registration Charges) Regulations 2011 in full. Section 11, however, preserves the 2011 Regulations as applying to any charge that became due before commencement, as if the repeal had not occurred. That creates a temporal allocation of regulatory regimes: pre‑commencement liabilities follow the old Rules; post‑commencement liabilities follow the new Regulations (Schedule 1; s 11).

Practical consequences of these interactions

• Calculation dependencies: because total enrolments is defined in the TPS Levies Act 2012 (s 5), changes to that Act or its associated regulations will change the base data for calculating the CRICOS enrolment component. The indexation procedure (s 9) requires timely access to ABS CPI numbers and attention to ABS publication conventions, as the Regulations mandate using index numbers from the most recently published index reference period and provide rules about substituted numbers (s 9(6)).
• Temporal liabilities: the transitional rule (s 11) means that providers must check whether any liability became due before 1 January 2022; if so, the 2011 Regulations remain applicable to that liability. For liabilities arising on or after commencement, the new amounts and indexation procedure apply (Schedule 1; s 11).
• Exemptions by reference: s 10 prescribes a class of all providers for the purposes of specified subsections of the Act, thereby operating on the Act’s exemption mechanism. The practical effect is that the Act’s charging provisions interact with the Regulations’ prescription to yield no charge for the calendar year 2022 in respect of the specified charge types.

Limits on interaction claims

• The Regulations themselves do not amend the Act’s substantive obligations, enforcement powers, or definitions beyond the narrow references they contain. They effect monetary change and indexing, leave definitional questions to the parent statute and related acts, and rely on external statistical publications for indexation (ss 3-5, 9).

In sum, the Regulations interlock with: the Registration Charges Act 1997 (they are subordinate legislation under it); the TPS Levies Act 2012 (by adopting the enrolment definition); the ABS CPI publications (for indexation); and the repealed 2011 Regulations (via repeal and transitional preservation) (ss 3, 5, 9, 11; Schedule 1).

The instrument itself contains limited historical material. From the text provided, the following timeline and amendment points are explicit and authoritative.

Making and commencement

• The Regulations were made by the Governor‑General on the advice of the Federal Executive Council and dated 16 December 2021 (preamble). The instrument commenced in full on 1 January 2022 (s 2).

Repeal of prior instrument

• Schedule 1 repeals the Education Services for Overseas Students (Registration Charges) Regulations 2011 in their entirety (Schedule 1). The instrument therefore replaced the 2011 Regulations on commencement, subject to the transitional provision in s 11 which preserves the application of the 2011 Regulations for any charge that became due for payment before commencement.

Indexation and future adjustments

• The Regulations set statutory indexation procedures in s 9 that will cause the numerical amounts in s 6 and ss 7 and 8 to be replaced at the start of each indexation year after 1 January 2022. Those future replacements are automatic and formulaic; they are not dependent on further subordinate instruments or legislative acts for their occurrence, other than the continuing publication of CPI index numbers by the Australian Statistician as specified.

No further amendments recorded in the instrument

• The text contains no schedule of amendments or later amendment history. The commencement table in s 2 asserts that the commencement table applies to the instrument “as originally made” and will not be updated to reflect later amendments. The instrument therefore, as provided, records only the initial making, the commencement date and the repeal of the 2011 Regulations.

Transitional provision preserving certain prior liabilities

• Section 11 is an express transitional rule that impacts the practical application of the repeal; it preserves the operation of the 2011 Regulations for charges that became due before the date of commencement.

Where to find subsequent amendment information

• The instrument itself cautions that the commencement table relates only to the instrument “as originally made” and will not be amended to reflect later amendments (s 2 note). Any later amendments to these Regulations would need to be located in subsequent legislative instruments or amending regulations in the statutory register.

In short, the instrument was made on 16 December 2021 and commenced 1 January 2022; it repealed the 2011 Regulations in full while preserving pre‑commencement liabilities; and it establishes a standing indexation process that will alter the fixed amounts annually (preamble; ss 2, 9, 11; Schedule 1). No later amendments or modification history are recorded in the provided text.

The Regulations as supplied contain no references to litigation, judicial decisions or tribunal determinations. There are no cases cited or discussed in the instrument. The text does not record any challenges to the instrument, any declaratory proceedings, or any litigation over interpretation.

What the absence of litigation references means for practice

• Because the instrument contains no litigation history, practitioners must rely on statutory text and on the parent Act for legal interpretation until judicial authority emerges. The Regulations supply precise numeric amounts and a prescriptive indexation procedure; absent judicial interpretation, typical disputes would likely centre on:
  • the meaning of contingent phrases that the Regulations borrow from the Act, such as “approved school provider” and the criteria for “total enrolments” which is defined in the TPS Levies Act 2012 (s 5);
  • the operation and timing of the indexation formula, including the meaning of “most recently published index reference period”, the selection of base and reference quarters and the treatment of substitute index numbers (s 9(2), (6)); and
  • the temporal operation of the transitional provision and the scope of the exemption for the 2022 calendar year; for example, disputes might arise about whether particular charges fall within “imposed for, or during, the calendar year beginning 1 January 2022” (s 10).

What to monitor

• Practitioners advising affected parties should monitor case law for any decisions that interpret:
  • the interaction between the Regulations and the parent Act on exemption and charging powers;
  • the meaning and application of the TPS Levies Act definition of total enrolments, if disputes concern the enrolment count used in calculations; and
  • the proper procedural calculation of indexation in light of ABS revisions or publication anomalies that the instrument addresses via s 9(6).

Because the instrument contains no litigation history itself, any authoritative judicial clarification will have to be sought in subsequent court or tribunal decisions. Until such decisions exist, the Regulations’ text is the primary source for interpretation.

The Regulations are compact but contain several provisions and cross‑references that may produce practical pitfalls for providers, advisers and administrators. The following are specific textual features to note and the operational consequences they produce.

Indexation floor and no downward adjustment

• Section 9(5) requires that an indexation factor that is less than 1 is to be increased to 1. That means numerical amounts prescribed by the Regulations cannot decrease as a result of indexation. If CPI movements would otherwise produce a factor below 1, the factor is floored at 1 and the monetary amounts remain unchanged for that indexation year. Practitioners must not assume amounts can fall with deflationary CPI movements (s 9(5)).

Rounding conventions that affect small movements

• The instrument prescribes specific rounding rules: indexation factors are to be calculated to three decimal places, rounding up if the fourth decimal place is 5 or more (s 9(3)). Final indexed amounts are rounded to the nearest whole dollar, rounding 50 cents upwards (s 9(4)). Small changes in the indexation factor can therefore be neutralised by rounding, particularly where the base amounts are modest or where the enrolment‑linked component interacts with rounding effects.

Dependency on external definitions and publications

• The $5 per enrolment component depends on total enrolments “for the provider for the previous year” which is defined in the TPS Levies Act 2012 (s 5). Any ambiguity, lag or dispute about how total enrolments are counted under that Act will directly affect the CRICOS annual registration charge. Practitioners must trace the enrolment counting rules to the TPS Levies Act 2012 and any subordinate instruments under it.
• Indexation depends on CPI index numbers published by the Australian Statistician and the Regulations instruct that calculations are to use “only the index numbers published in terms of the most recently published index reference period” and to disregard substitute numbers except where they are published to take account of changes in the index reference period (s 9(6)). ABS revisions, rebasing, or changes in index reference period can therefore affect which index figures are used. This procedural rule can be a source of timing complexity, particularly where the ABS issues substituted or revised figures near the indexation date.

Temporal traps: 2022 exemption versus pre‑commencement liabilities

• Section 10 prescribes the class of all providers for the purposes of specified subsections of the Act, creating an exemption for the charges “imposed for, or during, the calendar year beginning 1 January 2022” (s 10). That language may raise questions about charges that relate to periods partly in 2021 and partly in 2022, or charges with assessment dates straddling the calendar year. Practitioners should examine the parent Act’s wording in the subsections referenced (5(9), 6(8), 7(8)) to determine whether a given charge is “imposed for, or during” the calendar year and therefore exempt.
• Section 11 preserves application of the 2011 Regulations in relation to charges that became due for payment before commencement. Providers with liabilities that became due before 1 January 2022 must therefore look to the 2011 Regulations for the applicable amounts and rules. This creates a two‑regime environment for some providers and raises administrative complexity for record keeping and retrospective liability checks (ss 10, 11; Schedule 1).

Conditional school addenda

• The CRICOS annual registration charge includes two conditional addenda for approved school providers (s 6(c), (d)). One is payable simply by being an “approved school provider” ($116) and the other is payable only if the approved school provider had at least one overseas student enrolled in the previous year for a course for which the provider was registered ($695). Determining whether the latter condition is satisfied requires cross‑checking enrolment records against registration status in the previous year. The Regulations do not define “approved school provider” and so the criteria will be located in the Act or associated instruments; that definitional reliance can cause disputes.

Small absolute amounts but administrative burden

• Some components are relatively modest in absolute terms (for example, $440 base plus $5 per enrolment). Where a provider has many entities or campuses, or operates across multiple registration entities, the administrative task of calculating enrolments, applying indexation yearly, and tracking exemptions could be significant relative to the monetary quantum. The Regulations do not streamline or centralise reporting requirements; they merely supply numerical values (s 6; ss 7, 8).

Use only most recently published index reference period

• The instruction to use only the index numbers published in terms of the “most recently published index reference period” and to disregard substitute numbers except where they are published to take account of changes in the index reference period (s 9(6)) can be a source of ambiguity when the ABS republishes or revises series. Advisers should document the ABS publication they have used when calculating an indexation factor to avoid subsequent dispute about which numbers were “most recently published” at the time of calculation.

Calculational recordkeeping and timing

• The Regulations require indexation “at the start of each year (an indexation year) after the year beginning 1 January 2022” (s 9(1)). The choice of “start of each year” and the definition of the relevant reference and base quarters means administrators must plan a schedule for calculating and publishing updated amounts. Failure to follow the specified timing or to record the methodological choices could create uncertainty about the correct indexed amount.

In summary, the main gotchas derive from the instrument’s reliance on external definitions and statistical publications, its rounding and floor rules for indexation, the interplay between the 2022 exemption and preservation of pre‑commencement liabilities, and conditional addenda for school providers. Practitioners should pay particular attention to the TPS Levies Act definition of total enrolments, ABS publication timing and substitution practice, and rigorous recordkeeping for indexation calculations (ss 5, 9, 10, 11).

This section sets out a practical, stepwise approach that providers and their advisers can use to comply with the Regulations’ requirements, using only the text of the instrument as authority. Compliance tasks fall into three categories: establishing the obligation, calculating the correct amount, and observing timing and recordkeeping rules for indexation and exemptions.

1. Confirm whether the Regulations apply to you

• Determine whether your entity is a “provider” under the Education Services for Overseas Students (Registration Charges) Act 1997. The Regulations are made under that Act and the monetary duties they prescribe attach to the obligations created by the Act (s 3). If you are unsure, refer to the definitions in the Act for the meaning of “provider” and “approved school provider”.

2. Establish which charges are relevant

• For ongoing CRICOS registration, the operative provision is s 6: calculate the CRICOS annual registration charge as the sum of the components listed (s 6(a)-(d)).
• For school registration applications, consult s 7 for the initial registration charge ($2,690) and s 8 for the renewal registration charge ($1,080). Note both amounts are indexed under s 9 (notes to ss 7 and 8).

3. Check for the 2022 exemption

• For charges imposed for or during the calendar year beginning 1 January 2022, the Regulations prescribe the class consisting of all providers for the purposes of subsections 5(9), 6(8) and 7(8) of the Act (s 10). Confirm whether the charge in question is “imposed for, or during” that calendar year as those terms will determine whether the exemption applies. If the charge falls within that description, the Regulations prescribe exemption for the calendar year 2022.

4. If liability is pre‑commencement, check the 2011 Regulations

• If a charge became due for payment before commencement (before 1 January 2022), s 11 preserves the application of the Education Services for Overseas Students (Registration Charges) Regulations 2011 to that charge as if repeal had not occurred. For such liabilities, consult the 2011 Regulations to calculate the correct amount and compliance obligations.

5. Calculate the CRICOS annual registration charge (if not exempt)

• Apply s 6:
  • Start with $440 (s 6(a)).
  • Add $5 multiplied by total enrolments for the previous year; obtain the definition and counting rules for total enrolments from the Education Services for Overseas Students (TPS Levies) Act 2012 (s 5; s 6(b)).
  • If you are an approved school provider, add $116 (s 6(c)).
  • If you are an approved school provider and had at least one overseas student enrolled in the previous year for a course for which the provider was registered for that year, add $695 (s 6(d)).
• Remember that each of these amounts is indexed under s 9, so for post‑2022 years use the indexed figures.

6. Calculate schools initial or renewal registration charges

• For an initial school registration application, start with $2,690 (s 7). For a renewal application, start with $1,080 (s 8). For indexation years after 2022 apply the indexation procedure in s 9 to obtain the updated monetary figure to be paid.

7. Apply indexation correctly each indexation year

• At the start of each indexation year after the year beginning 1 January 2022, replace the dollar amounts mentioned in s 6(a)-(d) and ss 7 and 8 using the formula in s 9(1). The instrument includes the formula in the text; the indexation factor is defined in s 9(2).
• Identify the reference quarter: it is “the September quarter in the year before the indexation year” (s 9(2)).
• Identify the base quarter: it is “the last September quarter before the reference quarter” (s 9(2)).
• Obtain the All Groups CPI index numbers (weighted average of the eight capital cities) published by the Australian Statistician for the base quarter and the reference quarter (s 9(2)).
• Compute the indexation factor according to the formula in s 9(2). Round the factor to three decimal places, rounding up if the fourth decimal place is 5 or more (s 9(3)). If the calculated factor is less than 1, increase it to 1 (s 9(5)).
• Multiply the base dollar amount by the indexation factor as required by s 9(1) and round the resulting amount to the nearest whole dollar, rounding 50 cents upwards (s 9(4)).
• Ensure calculations use only index numbers published in terms of the most recently published index reference period and disregard substitute index numbers except where those substitutes are published to account for a change in the index reference period (s 9(6)).

8. Document and preserve calculation records

• Keep a contemporaneous record of the ABS index numbers used, the dates and times of retrieval, the calculations performed (including rounding steps), and the basis for any decision to treat an indexation factor as less than 1 or to use particular published figures where substitution or re‑publication has occurred. Section 9(6) requires reliance on index numbers from the most recently published index reference period, so documentation will be material if the choice of index numbers is questioned afterwards.

9. Operationalise enrolment reporting

• Because the $5 per enrolment component depends on total enrolments as defined in the TPS Levies Act 2012 (s 5), align internal enrolment counting, recordkeeping and reporting processes with that Act’s definitions. Capture and retain evidence of total enrolments for the relevant previous year as that figure feeds directly into the annual charge.

10. Check conditional school components carefully

• If you are an approved school provider, verify whether the $116 and $695 addenda apply by checking (a) approved school provider status under the Act or its instruments and (b) whether there was at least one overseas student enrolled in the previous year for a course for which the provider was registered (s 6(c), (d)). Retain enrolment records attesting to the presence or absence of such enrolments.

11. Treat the transitional rule properly

• For any charge that became due before 1 January 2022, calculate liability under the 2011 Regulations (s 11). Maintain a clear audit trail distinguishing pre‑commencement liabilities governed by the 2011 instrument from post‑commencement liabilities governed by the 2021 Regulations.

12. Seek authoritative guidance where ambiguity exists

• If the status of a charge as being “imposed for, or during” the calendar year 2022 is uncertain, or if there are ABS publication or indexation anomalies, consider obtaining formal advice or an administrative ruling from the responsible agency. The Regulations supply the procedural rules but do not adjudicate ambiguous temporal questions; resolution may require reference to the Act or administrative clarification.

By following these steps and relying on the precise text of the Regulations for calculations and indexation, providers and their advisers can produce defensible computations of registration charges and maintain the records necessary to substantiate those computations (ss 5-11).