New South Wales Repealed Acts

This legislation has been repealed.

HIGHER EDUCATION ACT 1988 - SECT 4

4 Offences relating to unofficial universities etc

(1) In this section:
"Australian institution" means:

(a) a corporation incorporated in Australia, or

(b) an unincorporated body of persons associated together in Australia, or

(c) any other institution established in Australia.

"degree" means a degree that evidences academic distinction.
"official university or college of advanced education" means a university or college of advanced education:

(a) established by an Act or Ordinance of the Commonwealth, a State or a Territory, or

(b) established by an instrument made under an Act or Ordinance of the Commonwealth, a State or a Territory, being an Act or Ordinance relating to the establishment of universities or colleges of advanced education generally, or

(c) established by the Government of the Commonwealth, a State or a Territory, or

(d) authorised by an Act or Ordinance of the Commonwealth, a State or a Territory to be called a university or a college of advanced education.

(2) A person who represents that an Australian institution is a university or a college of advanced education is guilty of an offence unless it is an official university or college of advanced education.

Maximum penalty: 5 penalty units.

(3) A person who represents that an Australian institution has conferred, or will or may confer, a degree is guilty of an offence unless:

(a) the degree was or is to be conferred by or on behalf of an official university or college of advanced education, or

(b) the degree evidences the completion of an advanced education course approved under this Act, or

(c) the degree was or is to be conferred by or on behalf of a corporation, body or institution approved by the regulations for the purposes of this section.

Maximum penalty: 5 penalty units.

(4) For the purposes of this section, a person represents that a state of affairs exists if the person does or says anything, or causes or allows anything to be done or said, by which it is represented, or by which a belief may be induced, that the state of affairs exists.