Document ID: chunk:federal_register_of_legislation:C2025C00046:section:114a
Version: federal_register_of_legislation:C2025C00046
Segment Type: section
Provision Reference: s 114A
Character Range: 142607–144373

114A  Prohibition on providing etc. academic cheating services

Providing etc. an academic cheating service for a commercial purpose
 (1) A person commits an offence if the person provides, offers to provide or arranges for a third person to provide an academic cheating service:
 (a) to a student undertaking, with a higher education provider:
 (i) an Australian course of study; or
 (ii) an overseas course of study provided at Australian premises; and
 (b) for a commercial purpose.
Penalty: 2 years imprisonment or 500 penalty units, or both.
 (2) Strict liability applies to:
 (a) paragraph (1)(a); and
 (b) the physical element of circumstance in paragraphs (a) and (b) of the definition of academic cheating service in section 5.

Providing etc. an academic cheating service
 (3) A person contravenes this subsection if the person provides, offers to provide or arranges for a third person to provide an academic cheating service to a student undertaking, with a higher education provider:
 (a) an Australian course of study; or
 (b) an overseas course of study provided at Australian premises.
Civil penalty: 500 penalty units.

Generally not necessary to prove provision etc. of an academic cheating service to a particular student
 (4) In proceedings for a contravention of subsection (1) or (3), it is not necessary to prove that the person provided, offered to provide or arranged for a third person to provide an academic cheating service to a particular student.
 (5) Subsection (4) does not apply in relation to proceedings for a contravention of subsection (1) or (3) (as that provision is given effect by paragraph 114C(4)(c)) if the student referred to in that subsection is an alien (within the meaning of paragraph 51(xix) of the Constitution).