Civil penalty
(1) A higher education provider is liable to a civil penalty if:
(a) the provider * defaults in relation to a student; and
(b) the provider fails to discharge its obligations to the student in accordance with section 166 - 25.
Civil penalty: 60 penalty units.
Offence
(2) A higher education provider commits an offence of strict liability if:
(a) the provider * defaults in relation to a student; and
(b) the provider fails to discharge its obligations to the student in accordance with section 166 - 25.
(3) The maximum penalty for each day that an offence under subsection (2) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (2) is a continuing offence under section 4K of the Crimes Act 1914 .