Document ID: chunk:federal_register_of_legislation:F2024C00006:reg:20:p5
Version: federal_register_of_legislation:F2024C00006
Segment Type: reg
Provision Reference: reg 20 (pt 5/7)
Character Range: 27881–30762

relevant application is made;

       (c) be aimed at ensuring TEQSA recovers the full fee amount:

            (i) as soon as is reasonably practicable, having regard to the registered higher education provider's ability to pay the fee; and

            (ii) (where the application is for the accreditation of a course of study) before TEQSA is required to make a decision regarding the application, per sections 47(1) or 49(2)(a) of the TEQSA Act (as relevant).

    (6)           If TEQSA exercises its discretion under subsection 7(1) in relation to the payment of a fee for an application, for the purposes of TEQSA's assessment of the application:

       (a) the application will be taken to be accompanied by the fee determined under section 158 of the TEQSA Act; or

       (b) the applicant will be taken to have continued with the application by paying the fee determined under section 158 for a substantive assessment,

once the first instalment for the relevant fee has been paid.

    Part 5 – Merits review

    8 Merits review

A decision under section 3, 4, 5, 6 or 7 of this Schedule is a reviewable decision for the purposes of this Part.

    9 Internal review

    (1) Where a reviewable decision is made by a delegate of TEQSA, a person affected by the decision may make an application for internal review of the decision.

    (2) An application for internal review pursuant to this section must:

       (a) be made within 30 days after the applicant is informed of the decision, or within such longer period as TEQSA allows;

       (b) set out the reasons for the application.

    (3) Upon receiving an application for internal review, TEQSA must review the reviewable decision.

    (4) TEQSA may:

       (a) affirm, vary or revoke the reviewable decision;

       (b) if TEQSA revokes the decision, make such other decision as TEQSA thinks appropriate.

    (5) TEQSA must, within 30 days of making its decision on review, notify the applicant, in writing, of:

       (a) the decision; and

       (b) the reasons for decision.

    (6) TEQSA must make its decision on the review of a reviewable decision within 90 days after receiving the application for review.

    (7) TEQSA is taken, for the purposes of this section, to have made a decision under paragraph 9(4)(a) affirming the reviewable decision if it does not make a decision within the period in subsection 8(6).

    10 Review by the Administrative Appeals Tribunal

    An application may be made to the Administrative Appeals Tribunal for review of:

       (a)    a reviewable decision if the decision was not made by a delegate of TEQSA;

       (b)   a decision of TEQSA under subsection 9(4).

Endnotes

Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote