Higher Education Support Act 2003
Note:
See section 6-1 .
View history note
Hide history noteA person contravenes this subclause if:
(a) the person is a *VET provider; and
(b) the VET provider:
(i) offers a person a benefit; or
(ii) provides a person with a benefit; or
(iii) causes a person to be offered or provided with a benefit; and
(c) the benefit would be reasonably likely to induce a person (the student ) to:
(i) enrol in a *VET unit of study or *VET course of study; and
(ii) complete, sign and give an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or course; and
(d) the student receives *VET FEE-HELP assistance for that unit or course.
Civil penalty: 60 penalty units.
[ CCH Note: No 168 of 2015, s 3 and Sch 1 item 31(1) provides that subclause 39DC(1) is applicable in relation to conduct referred to in paragraph (b) of that subclause that happens on or after 1 January 2016.]
39DC(2)
A person contravenes this subclause if:
(a) the person offers a person a benefit, or provides a person with a benefit; and
(b) the person does so as agent for a *VET provider; and
(c) the benefit would be reasonably likely to induce a person (the student ) to:
(i) enrol in a *VET unit of study or *VET course of study; and
(ii) complete, sign and give an *appropriate officer of the VET provider a *request for Commonwealth assistance relating to the unit or course; and
(d) the student receives *VET FEE-HELP assistance for that unit or course.
Civil penalty: 60 penalty units.
[ CCH Note: No 168 of 2015, s 3 and Sch 1 item 31(2) provides that subclause 39DC(2) is applicable in relation to conduct referred to in paragraph (a) of that subclause that happens on or after 1 January 2016.]
39DC(3)
To avoid doubt, the person in paragraph (1)(b) or (2)(a) who is offered, or provided with, the benefit need not be the student.
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