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Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021

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2019 - 2020 - 2021

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY (CHARGES) AMENDMENT BILL 2021

 

EXPLANATORY MEMORANDUM

 

 

 

(Circulated by authority of the Minister for Education and Youth, the Hon Alan Tudge MP)

 

 

 







GLOSSARY

 

Abbreviation

Definition

CRICOS

Commonwealth Register of Institutions and Courses for Overseas Students

OBPR

Office of Best Practice Regulation

Registration Charges Act

Education Services for Overseas Students (Registration Charges) Act 1997

Registration Charges Bill

Education Services for Overseas Students (Registration Charges) Amendment Bill 2021

TEQSA Charges Act

Tertiary Education Quality and Standards Agency (Charges) Act 2021

The Bill

Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021

The department

Department of Education, Skills and Employment

 



 

TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY (CHARGES) AMENDMENT BILL 2021

OUTLINE

The Australian Government decided, as part of the 2021-22 Budget, to implement an updated cost recovery model for registration on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and associated regulation costs. These changes will be achieved through amendments in four separate bills:

·          the Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021 (Bill) will amend the Tertiary Education Quality and Standards Agency (Charges) Act 2021 (TEQSA Charges Act)

·          the Education Services for Overseas Students (Registration Charges) Amendment Bill 2021 (Registration Charges Bill) will amend the Education Services for Overseas Students (Registration Charges) Act 1997 (Registration Charges Act)

·          the ESOS Amendment (Cost Recovery and Other Measures) Bill 2021 will amend the Education Services for Overseas Students Act 2000

·          the Education Services for Overseas Students (TPS Levies) Amendment Bill 2021 will amend the Education Services for Overseas Students (TPS Levies) Act 2012

The Tertiary Education Quality and Standards Agency (TEQSA) is Australia’s independent national quality assurance and regulatory agency for higher education. A new registered higher education provider charge to recover the costs of TEQSA’s sector risk monitoring and regulatory oversight activities is proposed to be established by the Tertiary Education Quality and Standards Agency (Charges) Bill 2021. That Bill contains references to the annual registration charge and entry to market charge, both of which are proposed to be repealed by the Registration Charges Bill 2021 to make way for the new charging arrangements.

This Bill, the Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021, makes a technical change that is consequential upon those proposed amendments.

FINANCIAL IMPACT STATEMENT

The changes proposed by this Bill have no financial impact on the Commonwealth or registered providers.

 

CONSULTATION

The department undertook public consultation in January 2020 and May 2021.

No substantive issues were identified during the consultation period that warranted changing the model.



 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021

The Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021 (the Bill) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview of the Bill

The Australian Government decided, as part of the 2021-22 Budget, to implement an updated cost recovery model for registration on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and associated regulation costs. These changes will be achieved through amendments in four separate bills:

·          the Tertiary Education Quality and Standards Agency (Charges) Amendment Bill 2021 (Bill) will amend the Tertiary Education Quality and Standards Agency (Charges) Act 2021

·          the Education Services for Overseas Students (Registration Charges) Amendment Bill 2021 (Registration Charges Bill) will amend the Education Services for Overseas Students (Registration Charges) Act 1997

·          the ESOS Amendment (Cost Recovery and Other Measures) Bill 2021 will amend the Education Services for Overseas Students Act 2000

·          the Education Services for Overseas Students (TPS Levies) Amendment Bill 2021 will amend the Education Services for Overseas Students (TPS Levies) Act 2012

The Tertiary Education Quality and Standards Agency (TEQSA) is Australia’s independent national quality assurance and regulatory agency for higher education. A new registered higher education provider charge to recover the costs of TEQSA’s sector risk monitoring and regulatory oversight activities is proposed to be established by the Tertiary Education Quality and Standards Agency (Charges) Bill 2021. That Bill contains references to the annual registration charge and entry to market charge, both of which are proposed to be repealed by the Registration Charges Bill to make way for the new charging arrangements.

Human rights implications

This Bill does not engage any of the applicable rights or freedoms as the amendments proposed by the Bill are merely technical.

Conclusion

The Bill is compatible with human rights because it does not raise any human rights issues.

 

Minister for Education and Youth, the Hon Alan Tudge MP



TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY (CHARGES) AMENDMENT BILL 2021

NOTES ON CLAUSES

Clause 1: Short title

1. This provision specifies the short title of the Act, which is how it is to be cited.

Clause 2: Commencement

2. The table in this clause sets out the commencement date for when the Bill’s provisions commence.

3. The whole of the Bill will only commence, and will commence immediately, once both the Tertiary Education Quality and Standards Agency (Charges) Act 2021 and the Education Services for Overseas Students (Registration Charges) Amendment Act 2021 have commenced. If either of these Acts do not commence, then this Bill will not commence.

4. The Bill proposes to make amendments to the Tertiary Education Quality and Standards Agency (Charges) Act 2021 , should it be enacted, noting the Bill for that proposed Act is currently a Bill before Parliament.  The proposed amendments made in this Bill will remove references to charges which will only become obsolete once the Education Services for Overseas Students (Registration Charges) Amendment Act 2021 commences (the Bill for that Act is also being introduced as part of this package of bills). Therefore, this Bill requires both Acts to have commenced for the amendments to be required.

Clause 3: Schedules

5. This clause gives effect to the provisions in Schedule 1 to the Bill.



 

Sc hedule 1—Amendments

Tertiary Education Quality and Standards Agency (Charges) Act 2021

1. The Bill will amend the TEQSA Charges Act to remove references to the charging framework which will be replaced by amendments contained in the Registration Charges Act.

Item 1: Subsection 7(4)

2. Subsection 7(4) of the TEQSA Charges Act provides that, in considering the Commonwealth’s likely costs in connection with TEQSA’s performance of its functions under a Commonwealth law, the Minister is to disregard any costs that are likely to be offset by:

a)         fees determined by TEQSA under section 158 of the Tertiary Education Quality and Standards Agency Act 2011 ; or

b)         an annual registration charge or entry to market charge imposed under the Education Services for Overseas Students (Registration Charges) Act 1997 .

3. Item 1 repeals all of subsection 7(4) and replaces it without reference to the annual registration charge or entry to market charge, both of which will be repealed by the Registration Charges Bill. The entire provision is repealed to remove the separate paragraphs to read as follows:

For the purposes of subsection (3), disregard any costs that are likely to be offset by fees determined by TEQSA under section 158 of the Tertiary Education Quality and Standards Agency Act 2011 .