Document ID: chunk:federal_register_of_legislation:C2024C00461:section:116
Version: federal_register_of_legislation:C2024C00461
Segment Type: section
Provision Reference: s 116
Character Range: 170978–172741

116  Offence—providing, or offering to provide, all or part of a VET course without registration
 (1) A person commits an offence if:
 (a) the person provides, or offers to provide, all or part of a VET course in a referring State or a Territory; and
 (b) the person is not an NVR registered training organisation.
Penalty: 1,500 penalty units.
Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A.
 (1A) Subsection (1) does not apply to the provision by a person of all or part of a VET course if the person does so on behalf of an NVR registered training organisation in accordance with a written agreement between the person and the NVR registered training organisation.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.
 (2) A person commits an offence if:
 (a) the person is a registered provider (other than a secondary school); and
 (b) the person provides, or offers to provide, all or part of a VET course in a non‑referring State; and
 (c) the person is not an NVR registered training organisation.
Penalty: 1,500 penalty units.
Note 1: Paragraph (a)—registered provider is defined, see section 3.
Note 2: For the liability of an executive officer of a body corporate, see sections 133 and 133A.
 (3) Subsection (2) does not apply to the provision by a person of all or part of a VET course if the person does so on behalf of an NVR registered training organisation in accordance with a written agreement between the person and the NVR registered training organisation.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.