Tertiary Education Quality and Standards Agency (Charges) Regulations 2022

The instrument establishes a small set of linked concepts that together determine a provider’s annual charge (see s 4 and s 5). Those concepts are:

• Registered higher education provider charge: the annual amount payable by a registered higher education provider for a year, defined as the sum of a base component and a compliance component (s 5(1)).

• Base component of the charge: a formulaic allocation of two monetary pools applied across providers and students. The first pool is divided equally across the number of providers, via the term 7,591,000 divided by number of providers. The second pool is allocated according to relative enrolment, via the term (2,260,000 / total equivalent full‑time students) multiplied by the provider’s equivalent full‑time students (s 5(2)). The instrument explicitly defines number of providers as the number of registered higher education providers at the start of the relevant year (s 5(2) notes). The provider’s equivalent full‑time students and total equivalent full‑time students are calculated using enrolment data from the year two years before the relevant year (s 5(2)).

• Equivalent full‑time students and full‑time study load: the regulations specify that a full‑time study load is defined either by reference to s 169‑28 of the Higher Education Support Act 2003 where that section applies to the provider, or otherwise by reference to the provider’s normal academic expectation of full‑time study for the course in the year (s 4 definitions). Subsection 5(3) formalises the counting rule: a student with a full‑time study load counts as one, and part‑time students are counted as fractions proportionate to their study load relative to full‑time (s 5(3)).

• Compliance component of the charge: a schedule of event‑based monetary add‑ons triggered by TEQSA or ESOS actions in the previous year (s 5(4)). The instrument lists events and fixed amounts: assessments under s 59 of the TEQSA Act ($39,600 per assessment) and under s 61 in respect of an accredited course ($39,600 per assessment) (s 5(4)(a)-(b)); audits under s 112A of the ESOS Act ($39,600 per audit) (s 5(4)(ba)); conditions on registration imposed under specified ESOS or TEQSA provisions ($4,500 per condition) (s 5(4)(c)); conditions on course accreditation imposed under s 53(1) TEQSA Act ($3,700 per condition) (s 5(4)(d)); compliance undertakings in force ($1,800 per undertaking) (s 5(4)(e)); and investigative staff time charged at $180 per hour for TEQSA staff and, subject to s 5(5), staff made available to TEQSA under s 157 (s 5(4)(f)).

• Investigation: defined in the instrument as an investigation involving the exercise of investigative powers under Part 3 of the Regulatory Powers (Standard Provisions) Act 2014, in its application under Division 4 of Part 7 of the ESOS Act or Division 4 of Part 7 of the TEQSA Act (s 4 definitions). That definition links the chargeable investigative activity to the investigative regime created by the Regulatory Powers Act as applied by those higher education statutes.

• Compliance undertaking: defined as an undertaking given by a provider to TEQSA, accepted in writing by TEQSA, to comply with the ESOS Act, the TEQSA Act, or a legislative instrument made under either Act, excluding undertakings enforceable under Part 6 of the Regulatory Powers (Standard Provisions) Act 2014 (s 4).

The instrument therefore combines a predictable baseline allocation of administrative cost across providers with a variable, event‑triggered component linked to regulatory activity. The regulations fix the dollar values for the list of events and the hourly rate for investigations, and impose a specific counting convention and temporal reference for enrolment data.

The instrument targets registered higher education providers. The definitions section points to the Act for the statutory definition of registered higher education provider and of registered higher education provider charge (s 4). For the purposes of the charge calculation in s 5, every entity that is a registered higher education provider at relevant measurement points is either counted in the denominator of the base component or is the addressee of the charge.

Direct payers. The regulations make clear that the amount of the registered higher education provider charge for a year for a provider is the sum of the base component and the compliance component (s 5(1)-(4)). While the instrument itself does not specify the administrative mechanics of billing or collection, it identifies registered higher education providers, as defined in the Act, as the subjects whose charges are calculated and assessed under the instrument.

Providers of different scale. The base component is split into an equal share across providers (the 7,591,000/number of providers term) and a student‑proportional share (the 2,260,000 pool allocated by equivalent full‑time students) (s 5(2)). That structure means that providers are affected differently depending on two variables that the instrument controls: the number of providers at the start of the relevant year and the provider’s EFTSL measured in the year two years prior to the relevant year. The instrument therefore imposes a per‑provider minimum burden via the equal share and scales an additional portion to student load.

Temporal and administrative dependencies. The provider’s EFTSL is tied to enrolments in accredited courses provided by the provider two years before the relevant year (s 5(2)). This two‑year lookback affects which cohort of enrolments determines the student‑weighted portion, and therefore affects budgeting and forecasting for providers.

Providers subject to regulatory action. The compliance component is triggered by TEQSA or ESOS actions or by compliance undertakings that the provider has given and that are in force in the previous year (s 5(4)). Providers that underwent TEQSA assessments (s 59 and s 61 of the TEQSA Act), ESOS audits under s 112A, had conditions imposed on registration or accreditation under the specified provisions, had compliance undertakings in force, or were the subject of investigations where TEQSA personnel spent time, will incur additional charges for those events (s 5(4)(a)-(f)).

State and Territory authorities. The regulations also affect State and Territory authorities to the extent those authorities provide staff to TEQSA under s 157 of the TEQSA Act. Hours of such staff are chargeable only if an arrangement provides for Commonwealth reimbursement to the State or Territory in respect of those services (s 5(5)). That limits when costs related to seconded state staff feed into the compliance component.

Other stakeholders. While not direct payers under the charge, TEQSA and the Commonwealth are implicated because TEQSA’s regulatory decisions in the previous year determine parts of the compliance component (s 5(4)). The Higher Education Support Act 2003 is relevant to providers whose full‑time study load is defined by s 169‑28 of that Act (s 4 definition of full‑time study load).

This instrument prescribes numerical duties in the form of charge calculation rules and creates a framework of rights and obligations that flow from other statutes as incorporated by reference. The regulations themselves do not establish billing procedures or collection powers; they determine the amounts to be used for the registered higher education provider charge (s 5(1)). The key duties and rights, as found in the text, are:

Provider duties to maintain and provide enrolment information. The base component calculation requires the use of provider and sector enrolment data two years before the relevant year (s 5(2)). Providers will need to be able to identify and justify the provider’s equivalent full‑time students for that prior year. The instrument sets counting rules for the measurement of equivalent full‑time students, including how to treat part‑time students as fractions of full‑time load (s 5(3)). These provisions create an implicit duty on providers to retain and make available accurate course and student load records for the relevant prior year so that the base component can be calculated.

Duty to track regulatory events. The compliance component is driven by events that occurred in the previous year: TEQSA assessments under s 59 and s 61 of the TEQSA Act, ESOS audits under s 112A, the presence of registration or accreditation conditions imposed under the listed statutory subsections, compliance undertakings in force, and investigation hours by TEQSA staff or staff made available to TEQSA (s 5(4)). Providers therefore have a de facto duty to record whether such events occurred in the previous year because they directly increase the monetary amount of the charge.

Rights concerning compliance undertakings. The instrument defines compliance undertaking as an undertaking given by a provider and accepted in writing by TEQSA to comply with the ESOS Act, the TEQSA Act, or a legislative instrument made under either Act, except undertakings enforceable under Part 6 of the Regulatory Powers (Standard Provisions) Act (s 4). A provider has the right to give such an undertaking, and if it is accepted and in force, it creates a predictable charge of $1,800 for each undertaking in the previous year (s 5(4)(e)).

TEQSA discretion and administrative triggers. The instrument expressly links monetary add‑ons to TEQSA decisions and ESOS processes. For example, the occurrence of an assessment under s 59 or s 61 of the TEQSA Act in the previous year attracts a $39,600 charge per assessment (s 5(4)(a)-(b)). TEQSA therefore has discretion in deciding whether to commence those processes; that discretion has a direct financial consequence for the provider by producing a compliance component entry.

Limits on charging for State or Territory staff. The instrument restricts the circumstances in which the services of an officer or employee of a State or Territory authority are chargeable. Subparagraph 5(4)(f)(ii) operates in relation to such staff only if an arrangement under s 157(2) of the TEQSA Act provides for Commonwealth reimbursement to the State or Territory for those services (s 5(5)). That creates a procedural prerequisite that affects when such staff hours can be converted into a dollar cost for the provider.

Role of definitions in other Acts. Several of the duties and rights embedded in the instrument are defined by reference to other statutes. For example, full‑time study load is defined either by s 169‑28 of the Higher Education Support Act 2003 where that provision applies to the provider, or by an equivalent local definition (s 4). Investigation is defined by reference to the Regulatory Powers (Standard Provisions) Act 2014 as applied in the ESOS Act and the TEQSA Act (s 4). Rights to procedural review or appeal are not set out in this instrument. Any procedural or review rights would therefore be located in the TEQSA Act, the ESOS Act, or the Regulatory Powers Act rather than in the charges regulations themselves.

In sum, the instrument imposes calculative duties on providers to enable the correct computation of a formulaic base component and to identify discrete regulatory events that generate fixed compliance charges. It also configures the circumstances in which TEQSA’s use of staff or State staff hours can translate into chargeable items.

The regulations do not create criminal offences, monetary penalties for non‑payment, or particular enforcement procedures within their text. The instrument’s scope is confined to prescribing the amounts that constitute the registered higher education provider charge for a year (s 5(1)). Enforcement mechanisms and penalty regimes, if any, are not set out in the instrument and must be located in the Act under which this instrument is made, or in other applicable legislation.

Civil penalty provision defined by reference. The instrument imports the definition of civil penalty provision from the Regulatory Powers (Standard Provisions) Act 2014 (s 4). That is a definitional cross‑reference. The instrument itself does not list civil penalties or convert any of its numerical amounts into enforceable civil penalties; it only uses the term to define investigation triggers and context that rely on the Regulatory Powers Act regime.

Charge composition as a compliance‑recovery mechanism. The compliance component converts specified regulatory events into fixed dollar amounts and an hourly investigative rate (s 5(4)). Those amounts operate to recover or allocate costs associated with TEQSA or ESOS regulatory activity to the provider. For example, a TEQSA assessment under s 59 or an ESOS audit under s 112A in the previous year attracts $39,600 per event (s 5(4)(a), (ba)). Investigative activity by TEQSA staff or staff made available to TEQSA is charged at $180 per hour (s 5(4)(f)). The instrument thereby attaches concrete financial consequences to particular statutory processes.

Limitations on chargeable State staff time. Subsection 5(5) provides that the charging of hours for State or Territory staff applies only when an arrangement under s 157(2) of the TEQSA Act provides for Commonwealth reimbursement of the State or Territory for those services (s 5(5)). That limitation constrains when such hours can become part of a chargeable compliance component, and therefore can affect the enforceability of charges tied to seconded staff hours.

Interaction with the Act for collection and recovery. Because the instrument is made under the Act (s 3), the Act and associated legislative instruments will contain the statutory machinery for notice, billing, payment terms, and recovery of unpaid charges. The regulations themselves do not reproduce that machinery. The practical effect is that the instrument fixes the quantum of the charge, and any enforcement or penalty procedure for non‑payment will follow the Act and any related instruments or administrative practice.

In summary, the instrument prescribes the amounts that feed into a statutory charge but does not itself specify penalties for non‑payment or the procedural steps for enforcement. The instrument does, however, establish dollar amounts that will be applied for specified regulatory events and that will therefore form the basis for any collection activity conducted under the authority of the Act.

This instrument is heavily cross‑referential; it depends on and interacts with multiple statutes for definitions, triggers and operational detail (s 3; s 4). The key interactions recorded in the text are:

• Tertiary Education Quality and Standards Agency (Charges) Act 2021. The instrument is made under that Act (s 3), and it specifies the amount of the registered higher education provider charge for the purposes of paragraph 7(1)(b) of the Act (s 5(1)). The Act therefore provides the parent statutory authority for these regulations, including, presumably, powers relating to billing and recovery which are not contained in the instrument itself.

• Tertiary Education Quality and Standards Agency Act 2011 (TEQSA Act). Several parts of the compliance component are directly triggered by TEQSA Act processes. The instrument charges $39,600 for each assessment TEQSA decides to commence under s 59 of the TEQSA Act to assess continued compliance with Threshold Standards, and $39,600 for each assessment under s 61 in respect of an accredited course (s 5(4)(a)-(b)). It also references TEQSA’s power to impose conditions under s 32(1) of the TEQSA Act as one of the bases for charging $4,500 per condition (s 5(4)(c)). The instrument relies on TEQSA’s staff definitions and secondment arrangements under ss 156 and 157 of the TEQSA Act to define whose investigative time is chargeable and under what circumstances State or Territory staff hours are charged (s 5(4)(f); s 5(5)).

• Education Services for Overseas Students Act 2000 (ESOS Act). The instrument includes ESOS Act mechanisms in the compliance component. It charges $39,600 for each audit conducted under subsection 112A(1) of the ESOS Act (s 5(4)(ba)). It also treats conditions imposed under subsection 10B(1) or 83(3) of the ESOS Act as trigger events for the $4,500 per condition charge (s 5(4)(c)). The definition of investigation in s 4 explicitly ties investigative activity to Division 4 of Part 7 of the ESOS Act.

• Regulatory Powers (Standard Provisions) Act 2014. The instrument imports the concept of investigation from that Act by reference to Part 3 of the Regulatory Powers Act in its application under relevant divisions of the ESOS Act and TEQSA Act (s 4). It also uses the Regulatory Powers Act definition of civil penalty provision (s 4). Investigation hours charged at $180 per hour are defined by reference to the exercise of investigative powers under that Act as applied to the TEQSA and ESOS statutory regimes (s 5(4)(f)).

• Higher Education Support Act 2003. The regulations use s 169‑28 of the Higher Education Support Act 2003 as the determinant of full‑time study load where that section applies to the provider (s 4 definition). Where s 169‑28 does not apply, the instrument uses a provider‑specific notion of the minimum amount of study expected of a full‑time student for the course and the year (s 4 definition). Thus, the instrument relies on HESA for a sectorally consistent measure of full‑time load where applicable.

Temporal interaction and lookback rules. The base component requires enrolment data from the year that is two years before the relevant year (s 5(2)). That creates an operational interaction with recordkeeping and regulatory reporting obligations under other laws and instruments, since the base component depends on historical data defined by other statutory measures.

Amendment regulations. The instrument records an amendment made by the Tertiary Education Quality and Standards Agency (Charges) Amendment Regulations 2025, which applies to charges for 2026 and later years (s 6). That demonstrates how subsequent regulations under the enabling Act can alter charge parameters and their temporal application.

In short, the regulations operate as a numerical overlay on the substantive regulatory architecture created by TEQSA, ESOS and the Regulatory Powers Act. They convert certain regulatory actions taken under those statutes into fixed or hourly monetary amounts to be added to the annual charge calculated under the parent Act.

The instrument itself contains a single explicit amendment history entry. Section 6 records that the amendments 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 (s 6). No other amendment dates, prior amendments, or historical versions are contained in the instrument text provided.

Founding details. The instrument states its name in s 1 as the Tertiary Education Quality and Standards Agency (Charges) Regulations 2022 and records that it is made under the Tertiary Education Quality and Standards Agency (Charges) Act 2021 (s 1; s 3). Those two provisions indicate the instrument’s origin and the enabling legislation. The instrument as supplied does not otherwise record any earlier or subsequent amending instruments, commencement clauses beyond s 6, or transitional savings other than the specified application of the 2025 amendment regulations to 2026 and later years.

Practical reading. The presence of s 6 means that readers and practitioners must consult the 2025 amendment regulations to understand any changes to the charge schedule or formula that take effect for 2026 and later years. The instrument itself does not reproduce the content of the 2025 amendments, only their temporal application. Therefore, to determine the current law for years from 2026 onwards, one must read the 2022 instrument together with the 2025 amendment regulations.

Absence of amendment detail. The instrument does not provide the content of the 2025 Amendment Regulations. The 2022 text therefore records the existence and temporal scope of an amendment without recording its substance. Any change to the constants used in the base component formula, to the list of events in the compliance component, or to the monetary values attached to those events that was made in 2025 will not be visible in the 2022 instrument itself beyond s 6.

Consequences for recordkeeping and advice. Because the instrument situates the amendment as applying from 2026, advising providers about future liability requires consulting the amendment instrument. The instrument’s amendment history entry thus functions as a pointer to subsequent regulatory change rather than as a full historical account of modifications.

The instrument contains no litigation history. It does not reference decisions of courts or tribunals, and it names no cases. There are no reported judicial interpretations, dispute resolutions, or administrative appeals recorded in the text of the regulations.

Potential areas for dispute implied by the text. Although the instrument itself does not record litigation, it embeds several calculation and event‑based features that could give rise to disputes governed by the parent Act or other statutes. Those include:

• Calculation disputes about equivalent full‑time students. The base component depends on counting equivalent full‑time students for courses provided in the year two years prior to the relevant year (s 5(2)-(3)). Disagreement could arise over whether particular enrolments were properly counted as full‑time or part‑time, whether fractional apportionment was correctly applied, and whether s 169‑28 of the Higher Education Support Act 2003 applies to the provider for the relevant year (s 4).

• Temporal disputes about the relevant year or start‑of‑year counts. The number of providers used in the equal share term is the number of registered higher education providers at the start of the relevant year (s 5(2) notes). Questions could arise about registration status at that exact point in time.

• Disputes about whether TEQSA or ESOS actions occurred in the previous year. The compliance component requires that specified actions occurred in the previous year to be chargeable (s 5(4)). Providers might dispute whether a particular TEQSA assessment, ESOS audit, condition imposition, or compliance undertaking fell within the chargeable period.

• Charging of State or Territory staff hours. Subsection 5(5) requires an arrangement under s 157(2) of the TEQSA Act that provides for Commonwealth reimbursement for State or Territory staff hours to be chargeable (s 5(5)). There could be disputes about whether such an arrangement exists or whether it permits charging for particular hours.

Procedural and remedial avenues not set out. The regulations do not specify dispute resolution procedures or appeals against an assessed charge. Any mechanism for judicial review, administrative appeal, or internal review would be governed by the TEQSA Act, the ESOS Act, or other administrative law principles and statutory review provisions rather than by these regulations. Consequently, potential litigation would rely on processes external to the instrument.

Because the instrument is silent on litigation history, practitioners must look beyond the regulations to the enabling Act and to the broader statutory framework for information on remedies and dispute resolution.

This instrument contains several technical features and temporal rules that create practical risks and traps for providers and advisers. The following items are drawn directly from the instrument’s text and its defined mechanics.

Two‑year lookback for student data. The provider’s equivalent full‑time students and total equivalent full‑time students used in the base component are the numbers for the year that is two years before the relevant year (s 5(2)). This creates a lag between current enrolments and the student‑weighted portion of the charge. Providers that have experienced rapid growth or decline in enrolments may find that the charge does not reflect their current scale. Advisers should note the specific two‑year reference and ensure historical enrolment data for that particular prior year is preserved and accessible.

Number of providers measured at start of relevant year. The equal share term uses the number of registered higher education providers at the start of the relevant year (s 5(2) notes). Changes in sector registration between the start and other points of the year are irrelevant for that term. Providers that gain or lose registration close to the start of the year should be aware of the precise measurement moment and how it affects the per‑provider share.

Counting of part‑time students as fractions. The instrument requires counting full‑time students as 1 and part‑time students as fractions according to their relative study load (s 5(3)). This fractional counting can produce non‑integer EFTSL values and introduces arithmetic nuance in aggregate totals. Accurate unit‑by‑unit recordkeeping is necessary to avoid miscalculation.

Fixed monetary values for specific events. The compliance component assigns fixed dollar amounts for specified events in the previous year (s 5(4)). For example, each TEQSA assessment under s 59 or s 61 costs $39,600; each ESOS audit under s 112A costs $39,600; each registration condition imposed under the listed ESOS or TEQSA provisions costs $4,500; each accreditation condition under s 53(1) costs $3,700; each compliance undertaking in force costs $1,800; and investigative staff time is $180 per hour (s 5(4)(a)-(f)). These fixed amounts do not scale with the actual cost of the particular assessment or audit, and multiple events in the previous year accumulate. Providers should be mindful that one adverse regulatory year can multiply costs through several fixed items.

Dependency on TEQSA/ESOS decisions. The compliance component is triggered by decisions and actions taken by TEQSA and by ESOS processes (s 5(4)). TEQSA’s exercise of its statutory discretion to commence an assessment, impose conditions, or otherwise act can directly change a provider’s financial liability. Providers therefore face a link between regulatory scrutiny and immediate monetary consequences.

Investigation hours and seconded staff caveat. Investigative staff time is chargeable at $180 per hour for TEQSA staff and, subject to s 5(5), staff made available to TEQSA under s 157 (s 5(4)(f)). However, subparagraph 5(4)(f)(ii) applies in relation to State or Territory officers only if an arrangement under s 157(2) provides for Commonwealth reimbursement to the State or Territory (s 5(5)). Practically, that means hours provided by State staff may not be converted into a charge unless the requisite reimbursement arrangement exists, creating potential disputes or gaps in charging.

Definitions located in other Acts. Several operative definitions are located in the Act or in other statutes. For instance, the instrument relies on the Act for the definitions of registered higher education provider and registered higher education provider charge, on the TEQSA Act and ESOS Act for triggers and staff definitions, and on the Higher Education Support Act for full‑time study load where s 169‑28 applies (s 4). Advisers must consult those statutes to resolve definitional questions.

Amendment pointer without substance. Section 6 records that the 2025 Amendment Regulations apply from 2026 onwards (s 6). The 2022 instrument does not reproduce the content of the 2025 amendments. Reliance on the 2022 text alone will not reveal any changes implemented by the 2025 instrument.

No collection procedure in the instrument. The regulations fix the amounts but do not set out billing, payment timing, insolvency treatment, or remedies for non‑payment. Practitioners must consult the parent Act and administrative practice for collection and enforcement mechanisms.

Aggregation and double counting. Multiple triggers may arise from the same regulatory episode. For example, an assessment and subsequent audit or investigation in the previous year could each attract separate fixed charges plus investigative hour charges. The instrument allows additive application of the listed items (s 5(4)). Providers should therefore review the chronology of regulatory events in the previous year to avoid underestimating the accumulated compliance component.

Recordkeeping and audit trail. Because the charge calculation depends on past enrolment records, TEQSA and ESOS actions in the previous year, and any compliance undertakings or conditions in force during that period (s 5(2)-(4)), providers must maintain a clear, time‑stamped audit trail to support any dispute about whether an event occurred in the relevant previous year or about the correct EFTSL computations.

The regulations prescribe calculation rules and event triggers; compliance therefore requires administrative processes to generate and preserve the inputs for those calculations and to budget accordingly. The following practical checklist and steps flow from the precise provisions of the instrument (s 4; s 5):

1. Identify the relevant year and the applicable charges. The amount for any year is the sum of the base component and the compliance component (s 5(1)). Confirm the relevant year for budgeting and reporting.

2. Establish the number of providers at the start of the relevant year. For the equal share term in the base component, determine the count of registered higher education providers at the start of the relevant year, as the instrument uses that precise point in time (s 5(2) notes). Maintain registry evidence of registration status as at the start of the year.

3. Compile enrolment data for the year two years prior. For the student‑weighted term, collect the provider’s equivalent full‑time students and the sector total equivalent full‑time students for the year that is two years before the relevant year (s 5(2)). This requires unit‑level enrolment records and a method for translating unit loads into EFTSL.

4. Apply the full‑time study load rule. Determine whether s 169‑28 of the Higher Education Support Act 2003 applies to the provider for the relevant course, and if so, use that statutory measure to determine a full‑time study load. If s 169‑28 does not apply, use the provider’s local definition of the minimum full‑time study load for the course and year (s 4). Ensure that calculations of part‑time student fractions are consistent with s 5(3).

5. Calculate the base component exactly as prescribed. Use the formula in s 5(2): the sum of 7,591,000 divided by number of providers plus (2,260,000 divided by total EFTSL) multiplied by the provider’s EFTSL. Preserve the arithmetic and a reconciliation that shows how fractions of students were computed (s 5(2)-(3)).

6. Track TEQSA and ESOS activity in the previous year. Maintain contemporaneous records of whether TEQSA decided to commence assessments under s 59 or s 61 of the TEQSA Act, whether TEQSA conducted audits under s 112A of the ESOS Act, whether conditions were imposed under the listed statutory subsections, and whether any compliance undertakings were given and accepted and remained in force during the previous year (s 5(4)(a)-(e)).

7. Document investigative staff time. Record hours spent by TEQSA staff mentioned in s 156 of the TEQSA Act in conducting investigations in the previous year, and where State or Territory staff are involved under s 157, ensure there is an arrangement under s 157(2) providing for Commonwealth reimbursement if those hours are to be chargeable (s 5(4)(f); s 5(5)). Maintain timesheets and formal documentation of the secondment or services arrangement.

8. Compute the compliance component from specified events and hours. Add $39,600 for each assessment under s 59 or s 61 and for each ESOS audit under s 112A that occurred in the previous year (s 5(4)(a)-(ba)). Add $4,500 for each registration condition imposed under the specified ESOS or TEQSA provisions (s 5(4)(c)), $3,700 for each course accreditation condition under s 53(1) (s 5(4)(d)), $1,800 per compliance undertaking in force (s 5(4)(e)), and $180 per hour for investigative time by TEQSA staff and, where applicable under s 5(5), reimbursable State staff (s 5(4)(f); s 5(5)).

9. Reconcile totals and retain supporting evidence. Produce a reconciliation showing the base component calculation, the sector totals used, the previous‑year events that generated the compliance component, and the time records for investigations. Keep evidence that demonstrates timing and applicability to the previous year, such as TEQSA notices, audit reports, written acceptance of compliance undertakings, and registration condition instruments.

10. Budget for both predictable and contingent components. The base component provides a predictable, formulaic charge based on historic enrolments and the number of providers (s 5(2)-(3)). The compliance component depends on regulatory events in the previous year and can be volatile. Providers should treat the compliance component as a contingent liability and incorporate it into risk management and budgeting processes.

11. Monitor regulatory communications. TEQSA actions, including commencements of assessments and imposition of conditions, directly affect the compliance component (s 5(4)). Stay alert to TEQSA and ESOS communications and keep timely minutes of regulatory events and responses.

12. Consult the enabling Act and amendment instruments. For payment terms, recovery processes and any dispute or review mechanisms, consult the Tertiary Education Quality and Standards Agency (Charges) Act 2021 and the TEQSA Act and ESOS Act as appropriate. Also consult the Tertiary Education Quality and Standards Agency (Charges) Amendment Regulations 2025 for changes that apply from 2026 and later years (s 3; s 6).

13. Prepare for potential queries or disputes. Because the instrument does not set out billing procedures or appeal mechanisms, be ready to rely on statutory review and administrative law remedies in the TEQSA Act, the ESOS Act or other applicable legislation if there is disagreement about the calculation of the charge or the occurrence of chargeable events.

Following these steps will enable providers to compute accurately the components mandated by the instrument, preserve the documentary evidence needed to support those computations, and incorporate the charge into financial planning with awareness of the specific temporal and definitional rules set out in the regulations (s 4; s 5).