Document ID: chunk:federal_register_of_legislation:C2016C01154:clause:1_39dc
Version: federal_register_of_legislation:C2016C01154
Segment Type: clause
Provision Reference: sch 1 cl 39DC
Character Range: 44773–46201

39DC  Civil penalty—inappropriate inducements
 (1) A person contravenes this subclause if:
 (a) the person is a *VET provider; and
 (b) the VET provider:
 (i) offers a person a benefit; or
 (ii) provides a person with a benefit; or
 (iii) causes a person to be offered or provided with a benefit; and
 (c) the benefit would be reasonably likely to induce a person (the student) to:
 (i) enrol in a *VET unit of study or *VET course of study; and
 (ii) complete, sign and give an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or course; and
 (d) the student receives *VET FEE‑HELP assistance for that unit or course.
Civil penalty: 60 penalty units.
 (2) A person contravenes this subclause if:
 (a) the person offers a person a benefit, or provides a person with a benefit; and
 (b) the person does so as agent for a *VET provider; and
 (c) the benefit would be reasonably likely to induce a person (the student) to:
 (i) enrol in a *VET unit of study or *VET course of study; and
 (ii) complete, sign and give an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or course; and
 (d) the student receives *VET FEE‑HELP assistance for that unit or course.
Civil penalty: 60 penalty units.
 (3) To avoid doubt, the person in paragraph (1)(b) or (2)(a) who is offered, or provided with, the benefit need not be the student.