Commonwealth Numbered Acts

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VET STUDENT LOANS ACT 2016 (NO. 98, 2016) - SECT 65

Personal liability for executive officers

             (1)  An executive officer of an approved course provider commits an offence if:

                     (a)  the provider commits an offence against this Act; 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 provider 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 provider.

             (3)  An executive officer of an approved course provider contravenes this subsection if:

                     (a)  the provider contravenes a civil penalty provision of this Act; and

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

                     (c)  the officer was in a position to influence the conduct of the provider 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-fifth of the maximum penalty that could be imposed for the contravention of the civil penalty provision by the provider.



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