Document ID: chunk:federal_register_of_legislation:F2024C00887:reg:298c
Version: federal_register_of_legislation:F2024C00887
Segment Type: reg
Provision Reference: reg 298C
Character Range: 278790–280466

298C  Personation at examinations
 (1) A person must not personate an examination candidate at a prescribed examination.
Penalty: 50 penalty units.
 (2) If a person is charged with an offence against subregulation (1), both the personator and the candidate are taken not to have passed the examination.
 (3) If a person is charged with an offence against subregulation (1):
 (a) the personator; and
 (b) unless CASA is satisfied that the personation took place without the candidate's knowledge or consent—the candidate;
are not permitted to attempt any prescribed examination:
 (c) unless the person is acquitted of the offence; or
 (d) unless the charge is withdrawn; or
 (e) until a period of one year has passed from the date of the examination to which the charge related;
whichever happens first.
 (4) In spite of subregulation (2), if:
 (a) a person who attempted an examination is charged with an offence against subregulation (1); and
 (b) either:
 (i) the person is acquitted of that offence; or
 (ii) the charge is withdrawn; and
 (c) the mark obtained by the person in the examination is more than, or equal to, the pass mark for the examination;
the person is taken to have passed the examination.
 (5) In this regulation:
offence against subregulation (1) includes:
 (a) an offence against section 11.1 or 11.4 of the Criminal Code in relation to an offence against that subregulation; and
 (b) an offence against subregulation (1) because of the operation of section 11.2 or 11.3 of the Criminal Code.
 (6) In this regulation:
personator means a person alleged to have personated a candidate.
prescribed examination has the same meaning as in regulation 298A.