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HIGHER EDUCATION SUPPORT ACT 2003 - SECT 166.26

Failure to discharge obligations

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.

Penalty:   60 penalty units.

  (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 .



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