Australian Capital Territory Numbered Acts

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TERTIARY ACCREDITATION AND REGISTRATION ACT 2003 (NO. 36 OF 2003) - SECT 44

Offence to falsely claim to be RTO etc

    (1)     A person who is not an RTO commits an offence if the person claims to be an RTO.

Maximum penalty: 50 penalty units.

    (2)     A person who is not, or is not acting for, an RTO operating within the RTO's scope of registration commits an offence if the person—

        (a)     claims that the person can issue, or purports to issue, a qualification or statement of attainment; or

        (b)     claims that the person can provide, or purports to provide, training or assessments resulting in the issue of a qualification or statement of attainment.

Maximum penalty: 50 penalty units.

    (3)     A person commits an offence if—

        (a)     the person claims that the person can provide training resulting in the issue of a qualification or statement of attainment by someone else; and

        (b)     the claim is not correct because—

              (i)     the first person cannot provide that training; or

              (ii)     the other person cannot issue the qualification or statement of attainment.

Maximum penalty: 50 penalty units.

    (4)     For this section, a person claims to be an RTO or claims that the person can do a particular thing if the person—

        (a)     makes that claim; or

        (b)     says or does anything likely to induce someone else to believe the person is an RTO or can do the particular thing.

    (5)     This section does not apply to a registering body.

    (6)     An offence against this section is a strict liability offence.



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