TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 44
TRAINING AND SKILLS DEVELOPMENT ACT 2008 (NO 30 OF 2008) - SECT 44
44—Offences relating to universities, degrees, etc
(1) A person must not
claim or purport to be a university unless the person—
(a) is a
State university; or
(b) is
an institution declared to be a university under section 5(1)(a)(i); or
(c) is
an institution or an institution of a class prescribed by regulation; or
(d) has
been exempted from the operation of this subsection by the Minister.
Maximum penalty: $5 000.
(2) A person must not
claim or purport to be a university college unless the person is an
institution declared to be a university college under
section 5(1)(a)(ii).
Maximum penalty: $5 000.
(3) A person must not
claim or purport to be a specialised university of a specified kind unless the
person is an institution declared to be a specialised university of that kind
under section 5(1)(a)(iii).
Maximum penalty: $5 000.
(4) A person must not
claim or purport to be a self-accrediting higher education institution unless
the person is—
(a) a
State university; or
(b) an
institution declared to be a self-accrediting higher education institution
under section 5(1)(b).
Maximum penalty: $5 000.
(5) An exemption under
subsection (1)(d) may be subject to such conditions as the Minister
thinks fit and may, at any time by written notice to the person, be varied or
revoked by the Minister.
(6) Subject to
subsection (8), a person must not offer or provide a course of education
and training in relation to which a degree or graduate qualification is to be
conferred (a "degree/graduate course") unless—
(a) the
person is—
(i)
registered as a training provider under this Part; and
(ii)
operating within the scope of the registration; and
(iii)
complying with any other condition of the registration;
and
(b) the
degree/graduate course is accredited under this Part.
Maximum penalty: $5 000.
(7) Subject to
subsection (8), a person must not offer or confer a degree or
graduate qualification unless—
(a) the
person is—
(i)
registered as a training provider under this Part; and
(ii)
operating within the scope of the registration; and
(iii)
complying with any other condition of the registration;
and
(b) the
degree or graduate qualification is in relation to successful completion of a
degree/graduate course accredited under this Part.
Maximum penalty: $5 000.
(8)
Subsections (6) and (7) do not apply to—
(a) a
State university; or
(b) a
declared institution that is operating within the terms and complying with the
conditions (if any) of the declaration; or
(c) an
institution or institution of a class prescribed by regulation that is
operating within the terms and complying with the conditions (if any)
prescribed.
(9) In this
section—
"degree" includes an associate degree;
"graduate qualification" includes a graduate certificate, graduate diploma or
other post graduate qualification.