VET Student Loans Act 2016

PART 5 - OTHER REQUIREMENTS FOR APPROVED COURSE PROVIDERS  

Division 6 - Personal liability for executive officers  

SECTION 65   PERSONAL LIABILITY FOR EXECUTIVE OFFICERS  

65(1)    
An executive officer of an approved course provider commits an offence if:

(a) the provider commits an offence against this Act; and

(b) the officer knew that the offence would be committed; and

(c) the officer was in a position to influence the conduct of the provider in relation to the commission of the offence; and

(d) the officer failed to take all reasonable steps to prevent the commission of the offence.

65(2)    
The maximum penalty for an offence against subsection (1) is one-fifth of the maximum penalty that could be imposed for the offence committed by the provider.

65(3)    
An executive officer of an approved course provider contravenes this subsection if:

(a) the provider contravenes a civil penalty provision of this Act; and

(b) the officer knew that the contravention would occur; and

(c) the officer was in a position to influence the conduct of the provider in relation to the contravention; and

(d) the officer failed to take all reasonable steps to prevent the contravention.

65(4)    
The maximum civil penalty for a contravention of subsection (3) is one-fifth of the maximum penalty that could be imposed for the contravention of the civil penalty provision by the provider.