South Australian Numbered Acts

TRAINING AND SKILLS DEVELOPMENT (MISCELLANEOUS) AMENDMENT ACT 2011 (NO 8 OF 2011) - SECT 21

21—Insertion of section 44A and Part 3 Division 7

After section 44 insert:

44A—Offence to make false or misleading statements

A person (whether registered as a training provider under this Part or not) must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided to a client or prospective client of the provider about the delivery or provision of education and training or other services regulated under this Part or a corresponding law.

Maximum penalty:

            (a)         in the case of a body corporate—$100 000;

            (b)         in the case of a natural person—$20 000.

Division 7—Orders for compensation

44B—Orders for compensation

        (1)         On application by a person to a court of competent jurisdiction, if satisfied that the person has suffered, or is likely to suffer, loss or damage by reason of a contravention of this Act, the court may, for the purpose of compensating that person or preventing or reducing the extent of the loss or damage, make orders under this section against the person who committed the contravention or a person involved in the contravention.

        (2)         The orders that may be made under this section are of the following kinds:

            (a)         an order for payment of the amount of the loss or damage;

            (b)         an order avoiding, in whole or in part, a contract;

            (c)         an order for the variation of a contract;

            (d)         an order directing the refund of money or the return of property;

            (e)         an order directing the delivery or provision of specified education and training or other specified services.