Document ID: chunk:federal_register_of_legislation:F2022L01580:reg:6:p1
Version: federal_register_of_legislation:F2022L01580
Segment Type: reg
Provision Reference: reg 6 (pt 1/2)
Character Range: 5671–8669

6  Waiver
Special or unusual circumstances

  (1)     For the purposes of paragraph 26C(2)(f) of the Act, TEQSA may waive the requirement to pay the registered higher education provider charge, or a part of that charge, where, in TEQSA's opinion, special or unusual circumstances exist which would cause the charge (or part of the charge) to be unreasonable.

  (2)     In deciding whether to exercise its discretion under subsection 6(1), TEQSA must have regard to the policy objectives underlying the imposition of the registered higher education provider charge. These are:

     (a) the objective of recovering the costs associated with TEQSA's regulatory effort for non-application based activities that are not attributable to individual providers; and

     (b) the objective of recovering the costs associated with TEQSA's regulatory effort in undertaking provider specific compliance activities including investigations, compliance assessments and monitoring compliance by providers with conditions and compliance undertakings.

  (3)     Where TEQSA determines to waive the requirement to pay the registered higher education provider charge, or a part of the charge under subsection 6(1), TEQSA must issue the registered higher education provider with a written notice. The notice must specify:

     (a) the part(s) of the registered higher education provider charge TEQSA has waived, or, that the whole of the registered higher education provider charge has been waived; and

     (b) the reason(s) why the part(s) or whole of the registered higher education provider charge has been waived.

  (4)     For the purposes of subsection 6(1), the following circumstances do not constitute special or unusual circumstances:

     (a) where the registered higher education provider required to pay the charge did not consent to the imposition of the relevant condition or the commencement of the relevant compliance assessment or investigation that is the subject of a charge; or

     (b) where the registered higher education provider required to pay the charge does not agree with the outcome of the compliance assessment or investigation that is the subject of a charge; or

     (c) where the registered higher education provider required to pay the charge ceases to exist or ceases to be registered under Part 3 of the TEQSA Act.

Conditions

  (5)     For the purposes of paragraph 26C(2)(f) of the Act, the liability of a registered higher education provider to pay the part of the registered higher education provider charge set out in paragraph 5(4)(d) of the Charging Regulations for a condition applying to the accreditation of a related course of study is waived if:

     (a) the same condition applies accreditation of the primary course of study from which the related course of study is drawn; and

     (b) TEQSA is satisfied that the regulatory effort involved in monitoring compliance by the provider with the condition applying to the accreditation of the related course