Document ID: chunk:federal_register_of_legislation:F2024C00020:reg:25:p1
Version: federal_register_of_legislation:F2024C00020
Segment Type: reg
Provision Reference: reg 25 (pt 1/2)
Character Range: 52088–55171

25    Inappropriate marketing etc.

        (1)    A VET provider must not contravene subsection (2) or (3).

        Marketing etc. that suggests the availability of tablets or other things

        (2)    A person contravenes this subsection if:
(a)    the person does any marketing, advertising or promoting that suggests that, if a person (the student) enrols in a VET unit of study or a VET course of study, a thing will:
              (i)    be provided to the student or another person; or
              (ii)    be otherwise available for the student to use; and
(b)    this suggestion would be reasonably likely to induce the student to:
              (i)    enrol in the unit or course; and
              (ii)    complete, sign and give an appropriate officer of a VET provider a request for Commonwealth assistance relating to the unit or course; and
(c)    the student's use of the thing is required or necessary for the student to externally complete all or part of the unit or course (having regard to the learning objectives and outcomes of the unit or course).

             Note: A VET provider must also take reasonable steps to ensure that none of its agents or associates contravenes this subsection (see subsection 28(1)).

        Cold-calling etc.

        (3)    A person contravenes this subsection if:
(a)    the person cold-calls another person when marketing, advertising or promoting a VET unit of study or VET course of study; and
(b)    when doing so, or as a result of doing so, the first-mentioned person mentions the possible availability of VET FEE-HELP assistance (however described) for students undertaking the unit or course.

             Note: A VET provider must also take reasonable steps to ensure that none of its agents or associates contravenes this subsection (see subsection 28(1)).

        (4)    Cold-calling includes making unsolicited contact with a prospective student:
(a)    in person; or
(b)    by telephone, email or other form of electronic communication.

        Note: Some examples include making unsolicited contact with a prospective student:
               (a)      in person when the prospective student is leaving a Centrelink office; or

               (b)     in person at the prospective student's residence when marketing from door-to-door; or
               (c)      by telemarketing.

        Other requirements for marketing etc.

        (5)    A VET provider must ensure that all marketing, advertising or promoting of any of its VET units of study or VET courses of study clearly and prominently mentions:
(a)    the VET provider's name, registered business name (if any), any other business name it uses; and
(b)    the maximum VET tuition fees payable for the units or courses.

             Note: This requirement extends to any marketing, advertising or promotion done by another person or body for the VET provider.

Division 3—Agents or associates

        26    VET providers must take reasonable steps to ensure their agents and associates act responsibly

        The purpose of this Division is