Document ID: chunk:federal_register_of_legislation:C2014C00181:clause:1_46e
Version: federal_register_of_legislation:C2014C00181
Segment Type: clause
Provision Reference: sch 1 cl 46E
Character Range: 24414–25392

46E  Offence for failure to discharge obligations
 (1) A person commits an offence if:
 (a) either:
 (i) the person is a registered provider; or
 (ii) if a registered provider is an unincorporated body—the person is the principal executive officer of the provider; and
 (b) the person defaults in relation to an overseas student or intending overseas student and a course at a location; and
 (c) the person fails to discharge its obligations to the student in accordance with section 46D (whether or not the provider is still a registered provider at that time).
Penalty: 60 penalty units.
 (2) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (1) is a continuing offence under section 4K of the Crimes Act 1914.