Contents
Division 2 · Offences and civil penalty provisions
Note: There are offence and civil penalty provisions in Part 5A also.
105Offering a regulated higher education award if unregistered#
Offence
(1)A higher education provider commits an offence if the higher education provider is not a registered higher education provider.
Penalty: 300 penalty units.
Civil penalty
(2)A higher education provider contravenes this subsection if the higher education provider is not a registered higher education provider.
Civil penalty: 600 penalty units.
106Representing offer of a regulated higher education award if unregistered#
Offence
(1)A regulated entity commits an offence if:
(a)the entity represents that the entity:
(i)is offering, or will offer, a regulated higher education award; or
(ii)is conferring, or will confer, a regulated higher education award; and
(b)the entity is not a registered higher education provider.
Penalty: 300 penalty units.
Civil penalty
(2)A regulated entity contravenes this subsection if:
(a)the entity represents that the entity:
(i)is offering, or will offer, a regulated higher education award; or
(ii)is conferring, or will confer, a regulated higher education award; and
(b)the entity is not a registered higher education provider.
Civil penalty: 600 penalty units.
106AOffering a regulated higher education award offshore if not authorised#
Offence
(1)A higher education provider commits an offence if:
(a)the higher education provider offers or confers an Australian higher education award for the completion of an Australian course of study; and
(b)the course of study is an offshore provided Australian course of study; and
(c)the higher education provider is not an authorised offshore provider.
Penalty: 120 penalty units.
Civil penalty
(2)A higher education provider contravenes this subsection if:
(a)the higher education provider offers or confers an Australian higher education award for the completion of an Australian course of study; and
(b)the course of study is an offshore provided Australian course of study; and
(c)the higher education provider is not an authorised offshore provider.
Civil penalty: 240 penalty units.
107Offering an award without a course of study#
Offence
(1)A regulated entity commits an offence if:
(a)the entity offers or confers:
(i)an Australian higher education award; or
(ii)an overseas higher education award for the completion of a course of study provided wholly or mainly from Australian premises related to the award; and
(b)for one or more students, the entity offers or confers the award:
(i)without requiring the completion of a course of study; and
(ii)not as an honorary award.
Penalty: 300 penalty units.
Civil penalty
(2)A regulated entity contravenes this subsection if:
(a)the entity offers or confers:
(i)an Australian higher education award; or
(ii)an overseas higher education award for the completion of a course of study provided wholly or mainly from Australian premises related to the award; and
(b)for one or more students, the entity offers or confers the award:
(i)without requiring the completion of a course of study; and
(ii)not as an honorary award.
Civil penalty: 600 penalty units.
108Regulated entity represents itself as university#
Offence
(1)A regulated entity commits an offence if:
(a)the entity uses the word “university” to represent itself, or its operations, as a university in relation to:
(i)an Australian course of study; or
(ii)an overseas course of study, to the extent that the course of study is, or is to be, provided wholly or mainly from Australian premises that are related to an overseas higher education award; or
(iii)a regulated higher education award; and
(b)the entity is not a registered higher education provider registered in either the “Australian University” or “Overseas University” provider category.
Penalty: 300 penalty units.
Civil penalty
(2)A regulated entity contravenes this subsection if:
(a)the entity uses the word “university” to represent itself, or its operations, as a university in relation to:
(i)an Australian course of study; or
(ii)an overseas course of study, to the extent that the course of study is, or is to be, provided wholly or mainly from Australian premises that are related to an overseas higher education award; or
(iii)a regulated higher education award; and
(b)the entity is not a registered higher education provider registered in either the “Australian University” or “Overseas University” provider category.
Civil penalty: 600 penalty units.
Use of the word “university”
(3)Without limiting paragraph (1)(a) or (2)(a), an entity is taken to use the word “university” if the entity:
(a)uses a variant of that word; or
(b)uses that word, or a variant of that word, by itself or in combination with other words.
109Falsely representing entity as a registered higher education provider#
Offence
(1)A regulated entity commits an offence if:
(a)the entity represents that the entity is a registered higher education provider; and
(b)the representation is untrue.
Penalty: 300 penalty units.
Civil penalty
(2)A regulated entity contravenes this subsection if:
(a)the entity represents that the entity is a registered higher education provider; and
(b)the representation is untrue.
Civil penalty: 600 penalty units.
110Falsely representing that entity provides a course of study leading to a regulated higher education award#
Offence
(1)A regulated entity commits an offence if:
(a)the entity represents that it provides all or part of a course of study that leads to a regulated higher education award; and
(b)the representation is untrue.
Penalty: 120 penalty units.
Civil penalty
(2)A regulated entity contravenes this subsection if:
(a)the entity represents that it provides all or part of a course of study that leads to a regulated higher education award; and
(b)the representation is untrue.
Civil penalty: 240 penalty units.
111Falsely representing course of study is accredited#
Offence
(1)A regulated entity commits an offence if:
(a)the entity represents that a course of study is an accredited course in relation to an entity; and
(b)the representation is untrue.
Penalty: 120 penalty units.
Civil penalty
(2)A regulated entity contravenes this subsection if:
(a)the entity represents that a course of study is an accredited course in relation to an entity; and
(b)the representation is untrue.
Civil penalty: 240 penalty units.
112Providing an unaccredited course of study#
Offence
(1)A registered higher education provider commits an offence if:
(a)one or more entities provide all or part of a course of study; and
(b)the course of study leads to a regulated higher education award offered or conferred by the provider; and
(c)the course of study is not an accredited course in relation to the provider.
Penalty: 120 penalty units.
Civil penalty
(2)A registered higher education provider contravenes this subsection if:
(a)one or more entities provide all or part of a course of study; and
(b)the course of study leads to a regulated higher education award offered or conferred by the provider; and
(c)the course of study is not an accredited course in relation to the provider.
Civil penalty: 240 penalty units.
113Breach of condition of registration#
A registered higher education provider contravenes this section if:
(a)a condition is imposed on the provider’s registration; and
(b)the provider does an act or omits to do an act; and
(c)the act or omission breaches the condition.
Civil penalty: 120 penalty units.
113ABreach of condition of authorisation#
A registered higher education provider contravenes this section if:
(a)a condition is imposed on the provider’s authorisation as an authorised offshore provider; and
(b)the provider does an act or omits to do an act; and
(c)the act or omission breaches the condition.
Civil penalty: 120 penalty units.
114Breach of condition of accreditation#
A registered higher education provider contravenes this section if:
(a)a condition is imposed on the accreditation of a course of study accredited in relation to the provider; and
(b)the provider does an act or omits to do an act; and
(c)the act or omission breaches the condition.
Civil penalty: 120 penalty units.
114AProhibition 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).
114BProhibition on advertising academic cheating services#
(1)A person commits an offence if:
(a)the person advertises, or publishes or broadcasts an advertisement for, an academic cheating service to students 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)either:
(i)the person does so for a commercial purpose; or
(ii)the academic cheating service has a commercial purpose.
Penalty: 2 years imprisonment or 500 penalty units, or both.
(2)A person contravenes this subsection if the person advertises, or publishes or broadcasts an advertisement for, an academic cheating service to students 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.
114CAdditional operation of sections 114A and 114B#
(1)In addition to the effect they have in relation to higher education providers, sections 114A and 114B also have effect as provided by this section.
Note: For the meaning of higher education provider, see section 5.
Section 114A—trade and commerce
(2)Section 114A also has the effect it would have as if:
(a)each reference to providing an academic cheating service were expressly confined to a service that is, or is to be, provided in the course of trade and commerce to which paragraph 51(i) of the Constitution applies; or
(b)each reference to an offer to provide, or to an arrangement to provide, an academic cheating service were expressly confined to an offer or arrangement made in the course of trade and commerce to which paragraph 51(i) of the Constitution applies.
Section 114A—communications
(3)Section 114A also has the effect it would have as if:
(a)each reference to providing an academic cheating service were expressly confined to a service that is, or is to be, provided by means of a service to which paragraph 51(v) of the Constitution applies; or
(b)each reference to an offer to provide, or to an arrangement to provide, an academic cheating service were expressly confined to an offer or arrangement made by means of a service to which paragraph 51(v) of the Constitution applies.
Section 114A—aliens
(4)Section 114A also has the effect it would have as if:
(a)each reference to a person who provides, offers to provide or arranges for a third person to provide an academic cheating service were expressly confined to a person who is an alien (within the meaning of paragraph 51(xix) of the Constitution); or
(b)each reference to a third person in respect of whom an arrangement is made were expressly confined to a person who is an alien (within the meaning of paragraph 51(xix) of the Constitution); or
(c)each reference to a student were expressly confined to a person who is an alien (within the meaning of paragraph 51(xix) of the Constitution).
Sections 114A—constitutional corporations (other than higher education providers)
(5)Section 114A also has the effect it would have as if:
(a)each reference to a person who provides, offers to provide or arranges for a third person to provide an academic cheating service were expressly confined to a constitutional corporation; or
(b)each reference to a third person in respect of whom an arrangement is made were expressly confined to a constitutional corporation.
Section 114B—trade and commerce
(6)Section 114B also has the effect it would have as if:
(a)each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to a service that is, or is to be, provided in the course of trade and commerce to which paragraph 51(i) of the Constitution applies; or
(b)each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to advertising, publishing or broadcasting in the course of trade and commerce to which paragraph 51(i) of the Constitution applies.
Section 114B—communications
(7)Section 114B also has the effect it would have as if:
(a)each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to a service that is, or is to be, provided by means of a service to which paragraph 51(v) of the Constitution applies; or
(b)each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to advertising, publishing or broadcasting by means of a service to which paragraph 51(v) of the Constitution applies.
Section 114B—aliens
(8)Section 114B also has the effect it would have as if each reference to a person who advertises, or publishes or broadcasts an advertisement for, an academic cheating service were expressly confined to a person who is an alien (within the meaning of paragraph 51(xix) of the Constitution).
Section 114B—constitutional corporations
(9)Section 114B also has the effect it would have as if each reference to a person who advertises, or publishes or broadcasts an advertisement for, an academic cheating service were expressly confined to a constitutional corporation.
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.