Document ID: chunk:federal_register_of_legislation:C2004A01049:clause:1_106zm
Version: federal_register_of_legislation:C2004A01049
Segment Type: clause
Provision Reference: sch 1 cl 106ZM
Character Range: 4261–5543

106ZM  Persons without accreditation not to operate as universities or other higher education providers in external Territories

 (1) A person is guilty of an offence if:
 (a) the person operates, or purports to operate:
 (i) as a university, or a part of a university, providing courses leading to higher education awards; or
 (ii) as another provider of courses leading to higher education awards; and
 (b) the operation or purported operation is in an external Territory; and
 (c) the person is not:
 (i) a listed self‑accrediting entity; or
 (ii) approved by the Minister under section 106ZQ in relation to that Territory as a self‑accrediting entity; and
 (d) any course offered by the person 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) For the purposes of an offence against subsection (1), strict liability applies:
 (a) to the circumstance in subparagraph (1)(c)(ii) that the power of approval is under section 106ZQ; and
 (b) to the circumstance in paragraph (1)(d) that the power of accreditation is under section 106ZQ.