Contents
47GOffence for failure to provide refund#
(1)A person commits an offence if:
(a)either:
(i)the person is a registered provider; or
(ii)if a registered provider is an unincorporated body—the person is the principal executive officer of the provider; and
(b)an overseas student or intending overseas student defaults in relation to a course at a location that is or was provided, or is to be provided, by the person; and
(c)the person fails to provide a refund to the student in accordance with section 47D or 47E (as the case requires) (whether or not the provider is still a registered provider at that time).
Penalty: 60 penalty units.
(2)An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3)The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsection (1) is a continuing offence under section 4K of the Crimes Act 1914.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.