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Schedule B: Matters relating to the payment of the fees and charges listed in Schedule A

1. Annual registration charge

  • (a) Annual registration charges (as set out in Schedule A) are payable on 1 July each financial year for that year of registration, based on the scope of registration on that 1 July.
  • (b) Where a NVR registered training organisation or registered provider’s registration ends during a billing period (i.e. registration is withdrawn, cancelled, or expired due to non-renewal), only a pro-rata charge applies for the number of whole months of registration. Where an excess amount is paid the amount refundable is for the number of whole months remaining in the financial year after the registration ends.
  • (c) Calculation of the annual CRICOS registration charge for a registered provider is based on the number of courses listed on CRICOS for that provider, which is taken to represent an accurate count of the number of qualifications registered on a registered provider’s scope.
  • (d) For RTOs that become NVR registered training organisations for the first time (i.e. are not renewing their registration), the first annual registration charge under paragraph 18(c)(iv) of the Act will be calculated pro-rata for the period of whole months from registration commencement to the following 30 June . The annual charge is based on the scope of registration on the 1st day of the billing period, which is always the first date of a calendar month. The pro-rata annual charge is determined by the following formula:

A x B / 12

Where:

A” is the amount of annual registration charge (as set out in Schedule A); and
B” is the number of complete months that remain up to 30 June after the RTO becomes registered as an NVR registered training organisation.

  • (e) This charge must be paid in accordance with the terms stated on the invoice.

2. Refund of application / assessment fees

  • (a) A person who has paid an application fee is entitled to a refund of the amount paid if, before ASQA has commenced work on the application, the person notifies ASQA in writing that they wish to withdraw their application and ASQA has received the notification.
  • (b) A person who has paid a fee in relation to the assessment of an application is entitled to a refund of the amount paid if, before ASQA has commenced assessment of the application, the person notifies ASQA in writing that they wish to withdraw their application and ASQA has received the notification.
  • (c) If ASQA has not received written notification in accordance with subsection 2 (a) or (b) of this Schedule B, the person shall not be entitled to a refund / reduction of the relevant fee(s).
  • (d) A person who has paid the fee in relation to an application under paragraph 200(3)(c) of the Act is entitled to a refund of the amount paid if ASQA does not consider the application because the application does not relate to a reviewable decision within the meaning of section 199 of the Act.
  • (e) A fee is not refundable if an application is determined but rejected by ASQA.

3. Off-set of fees

The amount of any refund a person would otherwise be entitled to may be reduced by any other amount which the person owes to ASQA.

4. Waiver of a fee

  • (a) If ASQA has delegated particular function(s) specified in subsections 224(2), 225(1) and 226(1) of the Act, the fees prescribed in Schedule A are waived in relation to functions which are performed under the delegation.
  • (b) When an NVR registered training organisation applies simultaneously for a change of scope of registration for both registrations (RTO and CRICOS), for the same qualifications, ASQA will apply a single application fee, which will be the higher of the two.
  • (c) When a registered provider applies simultaneously for one or more additional delivery sites and an increase in its approved CRICOS student capacity, only the delivery site fees are payable.
  • (d) A fee that would otherwise be payable under the Act or the ESOS Act may be waived, in whole or in part where, in ASQA’s opinion:
    • (i) special or unusual circumstances exist which would cause the fee to be unreasonable or inequitable; or
    • (ii) the amount of the fees that remain unpaid is so small that its recovery would be uneconomical to pursue.
  • (e) The following circumstance does not constitute grounds for granting a waiver:
    • (i) where the person required to pay the fee ceases to exist, or ceases to be registered, or ceases to carry on business as a RTO or CRICOS provider.

5. Waiver of a charge

  • (1) For the purpose of subsection 13(b) of the Charges Act, a charge that would otherwise be payable under that Act may be waived, in whole or in part where, in the opinion of ASQA’s Chief Commissioner;
    • (a) special or unusual circumstances exist which cause the charge to be unreasonable or inequitable; or
    • (b) the amount of the charge that remains unpaid is so small that its recovery would be uneconomical to pursue.
  • (2) For the purposes of paragraph 6(1)(a), the following circumstances do not constitute grounds for granting a waiver:
    • (a) where the NVR registered training organisation required to pay the charge did not consent to the compliance audit or complaint investigation that resulted in the imposition of a charge; or
    • (b) where the NVR registered training organisation required to pay the charge does not agree with the outcome of the compliance audit or complaint investigation that resulted in the imposition of a charge; or
    • (c) where the NVR registered training organisation required to pay the charge ceases to exist, or ceases to be an NVR registered training organisation, or ceases to carry on business as a registered training organisation.

6. Rounding

For the purposes of Section 5 in Schedule A, when determining the amount of the charge payable for an investigation or compliance audit where the hourly rate is $275 per hour per Auditor/Complaint Officer, the following amounts will apply in the following circumstances:

  • (a) if the time taken to complete the investigation or compliance audit is less than 30 minutes, the total amount payable will be zero dollars; and
  • (b) if the time taken to complete the investigation or compliance audit is 30 minutes or more, the amount of the charge is calculated at the rate of $68.75 for each 15 minute block of work completed.