6CValidation of annual registration fees charged for the purposes of the National Vocational Education and Training Regulator Act 2011

6C Validation of annual registration fees charged for the purposes of the National Vocational Education and Training Regulator Act 2011

(1) This section applies to each amount of an annual registration fee that a person was, before the commencement of this section, purportedly required to pay for the purposes of the National Vocational Education and Training Regulator Act 2011, to the extent that the fee could not validly be determined under an ASQA determination. (2) By force of this section, a charge of an equal amount is taken to have been imposed on the person, and to have been so imposed as a tax. (3) The amount of the charge for which the person is liable is: (a) reduced by: (i) the sum of any amounts in relation to the purported fee that have been waived under an ASQA determination; and (ii) the sum of any amounts paid by the person on account of the purported fee and not subsequently refunded or remitted to the person; and (b) increased by so much of the sum of the amounts paid by the person on account of the purported fee as the person recovers from the Commonwealth. (4) An annual registration fee is a fee in relation to a financial year, payable by a person for the purposes of the National Vocational Education and Training Regulator Act 2011: (a) for registration under that Act as an NVR registered training organisation; or (b) for registration under the Education Services for Overseas Students Act 2000 as a registered provider. (5) An ASQA determination is a determination made before the commencement of this section under subsection 232(1) of the National Vocational Education and Training Regulator Act 2011 (as that subsection was in force at any time before the commencement of this section).

Note: See the Australian Skills Quality Authority instrument fixing fees No. 1 of 2011 and the Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013.