Australian Capital Territory Numbered Acts

EDUCATION SERVICES FOR OVERSEAS STUDENTS (NO. 77 OF 1994) - SECT 5

        (a)     provide a course to an overseas student;

        (b)     make an offer to an intending overseas student to provide a course to that student;

        (c)     invite an intending overseas student to undertake, or to apply to undertake a course; or

        (d)     hold himself, herself or itself out as able or willing to provide a course to overseas students;

unless approved as a provider in respect of the course.

Penalty: $5,000 or imprisonment for 6 months, or both.

(2) It is a defence to a prosecution for an offence against paragraph (1) (d), in relation to a course, if the defendant proves that—

        (a)     the conduct that would, apart from this subsection, constitute the offence was only for either or both of the following purposes:

              (i)     carrying out a survey or other investigation to assess the demand for the course;

              (ii)     negotiating with another provider in connection with designing or developing the course;

        (b)     the defendant took reasonable steps to ensure that—

              (i)     any overseas student who was, or might become, interested in undertaking the course; and

              (ii)     any person who might assist in providing the course;

was aware that the defendant was not an approved provider in respect of the course; and

        (c)     the defendant did not invite payment of, or receive, any amount of money in respect of the course from an overseas student or intending overseas student.