(1) A person contravenes this subsection 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.
Civil penalty: 3,000 penalty units.
(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 section 96 of the Regulatory Powers (Standard Provisions) Act 2014 .
(2) A person contravenes this subsection 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.
Civil penalty: 3,000 penalty units.
Note: Paragraph (a)-- registered provider is defined, see section 3.
(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 section 96 of the
Regulatory Powers (Standard Provisions) Act 2014 .