National Law & Regulations

[ National Law, Section 261 ] Regulatory authorities have the power to collect, waive, reduce, defer and refund fees (including late payment fees) and enter into agreements in relation to fees. Fees associated with applications to ACECQA are not covered in this chapter.

Visit the ACECQA website at www.acecqa.gov.au for a full list of prescribed fees under the National Regulations.

Application fees

National Law

[ National Regulations, Regulation 232, Schedule 2 ] The National Regulations prescribe fees for certain applications to the regulatory authority.

There is no fee to amend or voluntarily suspend a provider approval or service approval.

Annual fee

National Law

[ National Law & Regulations, Section 53, Regulations 33, 232, Schedule 2 ] An approved provider must pay the prescribed annual fee for each service approval they hold.

Fees must be paid to the relevant regulatory authority on or before 1 July each year.

Late payment fee

National Law

[ National Law, Section 233 ] The regulatory authority may charge a late payment fee if an annual fee is not paid by 1 July. The late fee is 15 per cent of the relevant annual fee per 30 days (or part thereof) that the payment is overdue.

If the annual fee is not paid, the regulatory authority may consider taking compliance action (see Monitoring, Compliance and Enforcement). Failure to pay the annual fee is grounds for suspension of provider approval and service approval (sections 25 and 70).

Repeated instances of non-payment may indicate poor financial management, and the regulatory authority may decide to reassess the provider’s fitness and propriety to provide an education and care service (see Applications and Approvals).

Waiving or varying a fee

National Law

[ National Law & Regulations, Section 261, Regulation 234 ] The regulatory authority may waive, reduce, defer or refund a fee payable or that has been paid if there are exceptional circumstances.

The regulatory authority may also offer flexible payment options to providers who are unable to pay their fees due to exceptional circumstances.

Decisions to waive or vary a fee should be made on a case-by-case basis, depending on the circumstances. For example, if a service has been affected by a natural disaster that has significantly impacted the provider’s financial position. The regulatory authority may seek documentary evidence to support the provider’s claims of exceptional circumstances.


National Law

[ National Regulations, Regulations 235–6 ] Fees are indexed each year according to published indexation figures, and are available on the ACECQA website at www.acecqa.gov.au before the beginning of each financial year.


Government regulatory fees are exempt from GST.