Commonwealth Consolidated Acts

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 116

  (1)   A person commits an offence if:

  (a)   the person provides, or offers to provide, all or part of a VET course in a referring State or a Territory; and

  (b)   the person is not an NVR registered training organisation.

Penalty:   1,500 penalty units.

Note:   For the liability of an executive officer of a registered training organisation, see sections   133 and 133A.

  (1A)   Subsection   (1) does not apply to the provision by a person of all or part of a VET course if the person does so on behalf of an NVR registered training organisation in accordance with a written agreement between the person and the NVR registered training organisation.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection: see subsection   13.3(3) of the Criminal Code .

  (2)   A person commits an offence if:

  (a)   the person is a registered provider (other than a secondary school); and

  (b)   the person provides, or offers to provide, all or part of a VET course in a non - referring State; and

  (c)   the person is not an NVR registered training organisation.

Penalty:   1,500 penalty units.

Note 1:   Paragraph   (a)-- registered provider is defined, see section   3.

Note 2:   For the liability of an executive officer of a body corporate, see sections   133 and 133A.

  (3)   Subsection   (2) does not apply to the provision by a person of all or part of a VET course if the person does so on behalf of an NVR registered training organisation in accordance with a written agreement between the person and the NVR registered training organisation.

Note:   A defendant bears an evidential burden in relation to the matter in this subsection: see subsection   13.3(3) of the Criminal Code .