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NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 117

Civil penalty--providing, or offering to provide, all or part of a VET course without registration

  (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 .


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