Commonwealth: National Vocational Education and Training Regulator (Charges) Act 2012 (Cth)

National Vocational Education and Training Regulator (Charges) Act 2012 No. 105, 2012 Compilation No. 2 Compilation date: 1 January 2021 Includes amendments up to: Act No. 77, 2020 Registered: 10 February 2021 About this compilation This compilation This is a compilation of the National Vocational Education and Training Regulator (Charges) Act 2012 that shows the text of the law as amended and in force on 1 January 2021 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Definitions 4 Act to bind Crown 5 Extension of Act to external Territories 6 Extra‑territorial application Part 1A—National VET Regulator annual registration charge 6A Imposition of charge 6B Determination of charge 6C Validation of annual registration fees charged for the purposes of the National Vocational Education and Training Regulator Act 2011 Part 2—Charge for compliance audit 7 Charge payable 8 By whom charge payable 9 Amount and calculation of charge Part 3—Charge for the investigation of a complaint about an NVR registered training organisation 10 Charge payable 11 By whom charge payable 12 Amount and calculation of charge Part 4—Miscellaneous 13 Circumstances in which charge may be paid in instalments or waived 14 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to impose charges in relation to certain functions of the National VET Regulator, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the National Vocational Education and Training Regulator (Charges) Act 2012. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 22 July 2012 2. Sections 3 to 14 1 January 2013. 1 January 2013 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Definitions An expression has the same meaning in this Act as in the National Vocational Education and Training Regulator Act 2011. 4 Act to bind Crown This Act binds the Crown in each of its capacities. 5 Extension of Act to external Territories This Act extends to every external Territory. 6 Extra‑territorial application Unless the contrary intention appears, this Act extends to acts, omissions, matters and things done outside Australia in relation to: (a) all or part of a VET course; or (b) a VET qualification. Part 1A—National VET Regulator annual registration charge 6A Imposition of charge A National VET Regulator annual registration charge determined under section 6B is imposed by this section, and is so imposed as a tax. 6B Determination of charge (1) The Minister may, by legislative instrument, determine an amount of National VET Regulator annual registration charge for a financial year, or a method for working out such an amount, payable by a person to whom section 232A of the National Vocational Education and Training Regulator Act 2011 applies, for the purposes of that section. Note 1: Section 232A of the National Vocational Education and Training Regulator Act 2011 applies to persons registered under that Act as NVR registered training organisations, and to persons registered under the Education Services for Overseas Students Act 2000 as registered providers for whom the National VET Regulator is the ESOS agency (within the meaning of that Act). If registered under each of those Acts, the person is liable to pay a charge for each registration. Note 2: Different amounts of charge might be determined in different circumstances, for example: (a) depending on the number of qualifications offered by a person liable to pay the charge; or (b) for registration under the National Vocational Education and Training Regulator Act 2011 and the Education Services for Overseas Students Act 2000. See subsection 33(3A) of the Acts Interpretation Act 1901. (2) Before determining an amount of charge, or a method for working out such an amount, under subsection (1): (a) the Minister must be satisfied that the determination will result in recovering no more than the Commonwealth's likely costs incurred by the National VET Regulator in performing the Regulator's functions; and (b) the Minister must get the Ministerial Council's agreement to the amount of the charge or to the method. Note: The Ministerial Council's prior agreement is also required to the amount of certain fees determined under section 232 of the National Vocational Education and Training Regulator Act 2011. (3) Despite subsection 44(1) of the Legislation Act 2003, section 42 of that Act (disallowance of legislative instruments) applies to a legislative instrument made under subsection (1) of this section. 6C Validation of annual registration fees charged for the purposes of the National Vocational Education and Training Regulator Act 2011 (1) This section applies to each amount of an annual registration fee that a person was, before the commencement of this section, purportedly required to pay for the purposes of the National Vocational Education and Training Regulator Act 2011, to the extent that the fee could not validly be determined under an ASQA determination. (2) By force of this section, a charge of an equal amount is taken to have been imposed on the person, and to have been so imposed as a tax. (3) The amount of the charge for which the person is liable is: (a) reduced by: (i) the sum of any amounts in relation to the purported fee that have been waived under an ASQA determination; and (ii) the sum of any amounts paid by the person on account of the purported fee and not subsequently refunded or remitted to the person; and (b) increased by so much of the sum of the amounts paid by the person on account of the purported fee as the person recovers from the Commonwealth. (4) An annual registration fee is a fee in relation to a financial year, payable by a person for the purposes of the National Vocational Education and Training Regulator Act 2011: (a) for registration under that Act as an NVR registered training organisation; or (b) for registration under the Education Services for Overseas Students Act 2000 as a registered provider. (5) An ASQA determination is a determination made before the commencement of this section under subsection 232(1) of the National Vocational Education and Training Regulator Act 2011 (as that subsection was in force at any time before the commencement of this section). Note: See the Australian Skills Quality Authority instrument fixing fees No. 1 of 2011 and the Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013. Part 2—Charge for compliance audit 7 Charge payable If the National VET Regulator conducts a compliance audit of an NVR registered training organisation's operations, a charge is payable for: (a) the costs and expenses incurred by the Regulator in conducting the audit; and (b) if the audit is conducted outside Australia in whole or in part—any reasonable expenses incurred by the Regulator relating to the audit or part of the audit. 8 By whom charge payable A charge relating to an audit of an NVR registered training organisation's operations is payable by the organisation. 9 Amount and calculation of charge (1) The amount of a charge under this Part is to be calculated according to a formula determined by the Minister by legislative instrument. (2) The Minister must, by legislative instrument, determine the formula for calculating a charge payable under this Part. Part 3—Charge for the investigation of a complaint about an NVR registered training organisation 10 Charge payable If the National VET Regulator investigates a complaint about an NVR registered training organisation and finds the complaint substantiated, a charge is payable for: (a) the costs and expenses incurred by the Regulator in conducting: (i) the investigation; and (ii) any compliance audit conducted as part of the investigation; and (b) if the investigation is conducted outside Australia in whole or in part—any reasonable expenses incurred by the Regulator relating to the investigation or part of the investigation; and (c) if the audit is conducted outside Australia in whole or in part—any reasonable expenses incurred by the Regulator relating to the audit or part of the audit. 11 By whom charge payable A charge relating to a complaint about an NVR registered training organisation is payable by the organisation. 12 Amount and calculation of charge (1) The amount of a charge under this Part is to be calculated according to a formula determined by the Minister by legislative instrument. (2) The Minister must, by legislative instrument, determine the formula for calculating a charge payable under this Part. Part 4—Miscellaneous 13 Circumstances in which charge may be paid in instalments or waived The Minister may, by legislative instrument, determine the circumstances in which the National VET Regulator may, on behalf of the Commonwealth: (a) allow a charge under this Act to be paid in instalments; or (b) waive a charge under this Act, in whole or in part. 14 Regulations The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. 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 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions National Vocational Education and Training Regulator (Charges) Act 2012 105, 2012 22 July 2012 s 3–14: 1 Jan 2013 (s 2(1) item 2) Remainder: 22 July 2012 (s 2(1) item 1) National Vocational Education and Training Regulator (Charges) Amendment (Annual Registration Charge) Act 2017 66, 2017 23 June 2017 Sch 1: 1 July 2017 (s 2(1) item 2) — National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Act 2020 77, 2020 3 Sept 2020 Sch 1 (item 67): 1 Jan 2021 (s 2(1) item 2) — Endnote 4—Amendment history Provision affected How affected Title.................... rs No 66, 2017 Part 1A Part 1A.................. ad No 66, 2017 s 6A.................... ad No 66, 2017 s 6B.................... ad No 66, 2017 am No 77, 2020 s 6C.................... ad No 66, 2017 Part 4 s 13.................... am No 66, 2017