Commonwealth Numbered Acts

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TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 (NO. 73, 2011) - SECT 104

Guide to offences and civil penalty provisions

                   The following is a guide to this Subdivision:

•       The offences in this Subdivision need to be read with other Acts, including the Criminal Code and the Crimes Act 1914 . For example, the Criminal Code :

               (a)     sets out fault elements of intention or recklessness for the offences; and

              (b)     sets out defences such as mistake of fact; and

               (c)     extends the reach of the offences to, for example, a person who aids or abets the commission of an offence by a provider.

•       The civil penalty provisions in this Subdivision need to be read with Subdivisions B and C. For example:

               (a)     section 120 provides for a defence of mistake of fact; and

              (b)     section 116 extends the reach of each civil penalty provision to, for example, a person knowingly concerned in a provider's contravention of the civil penalty provision.



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