Document ID: chunk:federal_register_of_legislation:F2024C00006:reg:20:p4
Version: federal_register_of_legislation:F2024C00006
Segment Type: reg
Provision Reference: reg 20 (pt 4/7)
Character Range: 25327–28163

associated with TEQSA's regulatory effort in the assessment of applications.

    6          Refund of fees – special or unusual circumstances

    (1)           TEQSA may refund all or part of any of the following fees, in whole or in part where subsection (3) applies and, in TEQSA's opinion, special or unusual circumstances exist that cause the fee to be unreasonable or inequitable:

       (a)    a fee under items 3 – 5, 7 – 9 and 16 – 20 of the table at section (1) of Schedule A;

       (b)   a fee under items 1, 2, 12 – 15 of the table at section (1) of Schedule A, where the fee relates to an application by a registered higher education provider.

    (2)           In deciding whether to exercise its discretion under subsection 6(1), TEQSA must have regard to the objective of recovering the costs associated with TEQSA's regulatory effort in the assessment of applications.

    (3)           This subsection applies to a fee which was paid to TEQSA on or after 1 January 2020.

    Part 4 – Payment of Fees by instalments

    7 Payment by instalments

    (1)           If a registered higher education provider, planning to make an application to which one of the fees set out in Schedule A applies, makes a request to pay the relevant fee by instalments and, TEQSA determines that the circumstances set out in subsection 7(2) exist, TEQSA may determine that the provider can pay the relevant fee by instalments.

    (2)           TEQSA may make a determination under subsection 7(1) where, in TEQSA's opinion, special or unusual circumstances exist which would cause a requirement to pay the fee in a single instalment to be unreasonable or inequitable.

    (3)           In deciding whether to exercise its discretion under subsection 7(1), TEQSA must have regard to the objective of recovering the costs associated with TEQSA's regulatory effort in the assessment of applications.

    (4)           TEQSA must, within 30 days of making a decision under subsection 7(1), notify the provider in writing of TEQSA's decision and the reasons for that decision.

    (5)           The notification described in subsection 7(4) must also set out the terms and conditions for payment of the fee by instalments. The terms and conditions imposed by TEQSA in relation to payment by instalments must:

       (a) provide for payment of the full fee amount within 4 instalments or less;

       (b) set out the dates on which each instalment is due and provide for payment of the full fee amount within 12 months of the date on which the 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