4Definitions

4 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) registered higher education provider;
(b) registered higher education provider charge;
(c) year (which is defined to mean a calendar year).

In this instrument:

accredited course has the same meaning as in the TEQSA Act.

Act means the Tertiary Education Quality and Standards Agency (Charges) Act 2021.

base component of the charge: see subsection 5(2).

civil penalty provision has the same meaning as in the Regulatory Powers (Standard Provisions) Act 2014.

compliance component of the charge: see subsection 5(4).

compliance undertaking means an undertaking (other than an undertaking that is enforceable under Part 6 of the Regulatory Powers (Standard Provisions) Act 2014) given by a provider to TEQSA, and accepted by TEQSA in writing, to comply with:

(a) the ESOS Act; or
(b) the TEQSA Act; or
(c) a legislative instrument made under the ESOS Act or the TEQSA Act.

Note: Example: For paragraph (c), the Threshold Standards is a legislative instrument made under the TEQSA Act.

ESOS Act means the Education Services for Overseas Students Act 2000.

full‑time study load, for a student undertaking a course of study with a registered higher education provider for a year, means:

(a) 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
(b) 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.

investigation means an investigation involving the exercise of investigative powers under Part 3 of the Regulatory Powers (Standard Provisions) Act 2014, in its application under:

(a) Division 4 of Part 7 of the ESOS Act; or
(b) Division 4 of Part 7 of the TEQSA Act.