EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 46E Offence for failure to discharge obligations

EDUCATION SERVICES FOR OVERSEAS STUDENTS ACT 2000 - SECT 46E

  (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)   the person defaults in relation to an overseas student or intending overseas student and a course at a location; and

  (c)   the person fails to discharge its obligations to the student in accordance with section   46D (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 .