S 228-5 repealed by No 74 of 2011, s 3 and Sch 2 item 21, effective 29 January 2012. S 228-5 formerly read:
SECTION 228-5 Persons without accreditation not to offer higher education awards or courses in external Territories
228-5(1)
A person commits an offence if:
(a)
the person *offers, or purports to offer, the whole or a part of a *course of study leading to a *higher education award; and
(b)
the offer, or purported offer, is in an external Territory; and
(c)
the person is not an *Australian university or approved under section
225-3
to operate in relation to that Territory as a university; and
(d)
if the person is a *self-accrediting entity
-
the person is not authorised by a *government accreditation authority to accredit the course; andt
(e)
the course is not accredited by the Minister under section
225-5
or
225-10
in relation to that Territory.
History
S 228-5(1) amended by No 72 of 2007, s 3 and Sch 1 items 39 and 40, by inserting
"
the whole or a part of
"
after
"
offer,
"
in para (a) and substituting paras (c), (d) and (e) for paras (c) and (d), effective 31 December 2007. Paras (c) and (d) formerly read:
(c)
the person is not:
(i)
a *listed self-accrediting entity; or
(ii)
approved by the Minister under section
225-5
as a self-accrediting entity in relation to that Territory; and
(d)
he course is not accredited by the Minister under section
225-10
in relation to that Territory.
Penalty: 40 penalty units.
228-5(2)
A person commits an offence if:
(a)
the person *offers, or purports to offer, a *higher education award; and
(b)
the offer, or purported offer, is in an external Territory; and
(c)
the person is not an *Australian university; and
(d)
the offer, or purported offer, of the award is not dependent on the successful completion of a *course of study leading to a higher education award.
History
S 228-5(2) amended by No 72 of 2007, s 3 and Sch 1 item 41, by substituting paras (c) and (d), effective 31 December 2007. Paras (c) and (d) formerly read:
(c)
the person is not:
(i)
a *listed self-accrediting entity; or
(ii)
approved by the Minister under section
225-5
as a self-accrediting entity in relation to that Territory; and
(d)
the offer, or purported offer, of the award is not dependent on the successful completion of a *course of study accredited by the Minister under section
225-10
in relation to that Territory as a course leading to that award.
Penalty: 40 penalty units.
228-5(3)
A person who contravenes subsection (1) or (2) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.
History
S 228-5(3) substituted by No 72 of 2007, s 3 and Sch 1 item 42, effective 31 December 2007. S 228-5(3) formerly read:
228-5(3)
For the purposes of an offence against subsection (1) or (2), strict liability applies:
(a)
to the circumstance in subparagraph (1)(c)(ii) or (2)(c)(ii), as the case requires, that the power of approval is under section
225-5
; and
(b)
to the circumstance in paragraph (1)(d) or (2)(d), as the case requires, that the power of accreditation is under section
225-10
.
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