(1) Subsection (2) applies if an RTO assesses an apprentice or trainee as having attained the level of competency or skill specified in each of the certifiable components of a nationally recognised qualification that is specified in the registered training contract to which the apprentice or trainee is a party.
(2) The RTO must:
(a) seek confirmation from the employer and the apprentice or trainee of the attainment of the level of competency or skill mentioned in subsection (1); and
(b) if that confirmation is received, award a VET qualification to the apprentice or trainee in respect of that attainment as soon as reasonably practicable.
(3) An RTO commits an offence if:
(a) an apprentice or trainee is assessed as mentioned in subsection (1); and
(b) the RTO does not give written notice of the assessment and its confirmation by the employer and the apprentice or trainee to the CEO within 14 days after receiving that confirmation.
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.
(6) If the CEO receives notice of an assessment, the CEO must issue to the apprentice or trainee a document indicating that the apprentice or trainee has completed the training specified in the registered training contract.
(7) A registered training contract is, on and from the date on which the CEO issues the document under subsection (6) in relation to the contract, taken to have been completed and, as between the parties, to have no further effect.