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NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 (NO. 12, 2011) - SECT 133

Liability of executive officer of registered training organisation

             (1)  An executive officer of a registered training organisation commits an offence if:

                     (a)  the organisation commits an offence; and

                     (b)  the officer knew that the offence would be committed; and

                     (c)  the officer was in a position to influence the conduct of the organisation in relation to the commission of the offence; and

                     (d)  the officer failed to take all reasonable steps to prevent the commission of the offence.

             (2)  The maximum penalty for an offence against subsection (1) is one-fifth of the maximum penalty that could be imposed for the offence committed by the registered training organisation.

             (3)  An executive officer of a registered training organisation contravenes this subsection if:

                     (a)  the organisation contravenes a civil penalty provision; and

                     (b)  the officer knew that the contravention would occur; and

                     (c)  the officer was in a position to influence the conduct of the organisation in relation to the contravention; and

                     (d)  the officer failed to take all reasonable steps to prevent the contravention.

             (4)  The maximum civil penalty for a contravention of subsection (3) is one-tenth of the maximum penalty that could be imposed for the contravention of the civil penalty provision by the registered training organisation.



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