6BDetermination of charge

6B Determination of charge

(1) The Minister may, by legislative instrument, determine an amount of National VET Regulator annual registration charge for a financial year, or a method for working out such an amount, payable by a person to whom section 232A of the National Vocational Education and Training Regulator Act 2011 applies, for the purposes of that section.

Note 1: Section 232A of the National Vocational Education and Training Regulator Act 2011 applies to persons registered under that Act as NVR registered training organisations, and to persons registered under the Education Services for Overseas Students Act 2000 as registered providers for whom the National VET Regulator is the ESOS agency (within the meaning of that Act). If registered under each of those Acts, the person is liable to pay a charge for each registration.

Note 2: Different amounts of charge might be determined in different circumstances, for example:

(a) depending on the number of qualifications offered by a person liable to pay the charge; or
(b) for registration under the National Vocational Education and Training Regulator Act 2011 and the Education Services for Overseas Students Act 2000.
See subsection 33(3A) of the Acts Interpretation Act 1901.

(2) Before determining an amount of charge, or a method for working out such an amount, under subsection (1): (a) the Minister must be satisfied that the determination will result in recovering no more than the Commonwealth’s likely costs incurred by the National VET Regulator in performing the Regulator’s functions; and (b) the Minister must get the Ministerial Council’s agreement to the amount of the charge or to the method.

Note: The Ministerial Council’s prior agreement is also required to the amount of certain fees determined under section 232 of the National Vocational Education and Training Regulator Act 2011.

(3) Despite subsection 44(1) of the Legislation Act 2003, section 42 of that Act (disallowance of legislative instruments) applies to a legislative instrument made under subsection (1) of this section.