Document ID: chunk:federal_register_of_legislation:F2022L01580:reg:7:p1
Version: federal_register_of_legislation:F2022L01580
Segment Type: reg
Provision Reference: reg 7 (pt 1/2)
Character Range: 9706–12684

7  Proportionate refund – base component of charge

  (1)     Where a provider's registration ends after the provider has paid the amount set out in a notice issued under section 5 but before 1 January of the following year, TEQSA may refund a proportion of the base component of the registered higher education provider charge.

  (2)     Where TEQSA determines under subsection 7(1) to provide a refund, the amount refunded must be calculated according to the following formula:

   The amount the former provider paid for the base component     The number of full calendar months between the date when the former provider's registration ended and 1 January of the year after the former provider's registration ended

                                                               x

   12

  (3)     Where TEQSA determines under subsection 7(1) to provide a refund, TEQSA must issue the former registered higher education provider with a written notice setting out the decision and how the amount to be refunded was calculated.

 8  Internal review
  (1)      For the purposes of paragraph 26C(2)(g) of the Act, a registered higher education provider may request that TEQSA reconsider:

     (a) a notice issued under section 5 in relation to the determination of the value of the components of the registered higher education provider charge;

     (b) a decision made under subsection 6(1) not to waive the requirement to pay the registered higher education provider charge or a part of that charge;

     (c) a decision made under subsection 6(5) not to waive the requirement to pay part of the registered higher education provider charge in relation to a condition applying to a particular course of study; or

     (d) a decision made under section 7 not to provide a partial refund of the base component of the registered higher education provider charge.

  (2)     Each of paragraphs (1)(a) – (d) is a reviewable decision for the purposes of this section.

  (3)     A request from a registered higher education provider for reconsideration of a reviewable decision must:

     (a) be in writing;

     (b) set out the reasons for the request;

     (c) be given to TEQSA within:

         (i)          14 days of the day on which TEQSA notified the registered higher education provider of the reviewable decision; or

         (ii)          such longer period as TEQSA allows.

  (4)  After receiving the request, TEQSA must reconsider the reviewable decision and:

      (a) confirm the decision;

      (b) vary the decision; or

      (c) set the decision aside and substitute a new decision.

  (5) The TEQSA must give the registered higher education provider written notice of TEQSA's decision (internal review decision) made under subsection (4).

  (6) The notice under subsection (5):

      (a) must be given within 7 days after the internal review decision is made;

      (b) must contain a statement of the reasons for the internal review decision; and