Document ID: chunk:federal_register_of_legislation:C2004A01049:clause:1_106zn
Version: federal_register_of_legislation:C2004A01049
Segment Type: clause
Provision Reference: sch 1 cl 106ZN
Character Range: 5543–7510

106ZN  Persons without accreditation not to offer higher education awards or courses in external Territories

 (1) A person is guilty of an offence if:
 (a) the person offers, or purports to offer, a course leading to a higher education award; and
 (b) the offer, or purported offer, is in an external Territory; and
 (c) the person is not:
 (i) a listed self‑accrediting entity; or
 (ii) approved by the Minister as a self‑accrediting entity under section 106ZQ in relation to that Territory; and
 (d) the course is not accredited by the Minister under that section in relation to that Territory.

Penalty: 40 penalty units.

Note: Subsection 4B(3) of the Crimes Act 1914 provides that the maximum penalty appropriate to a body corporate is 5 times the maximum penalty provided for a natural person.

 (2) A person is guilty of an offence if:
 (a) the person offers, or purports to offer, a higher education award; and
 (b) the offer, or purported offer, is in an external Territory; and
 (c) the person is not:
 (i) a listed self‑accrediting entity; or
 (ii) approved by the Minister as a self‑accrediting entity in relation to that Territory under section 106ZQ; and
 (d) the offer, or purported offer, of the award is not dependent on the successful completion of a course accredited by the Minister under that section in relation to that Territory as the course leading to that award.

Penalty: 40 penalty units.

Note: Subsection 4B(3) of the Crimes Act 1914 provides that the maximum penalty appropriate to a body corporate is 5 times the maximum penalty provided for a natural person.

 (3) For the purposes of an offence against subsection (1) or (2), strict liability applies:
 (a) to the circumstance in subparagraph (1)(c)(ii) or (2)(c)(ii), as the case requires, that the power of approval is under section 106ZQ; and
 (b) to the circumstance in paragraph (1)(d) or (2)(d), as the case requires, that the power of accreditation is under section 106ZQ.