Australian Capital Territory Numbered Acts

TERTIARY ACCREDITATION AND REGISTRATION ACT 2003 (NO. 36 OF 2003) - SECT 71

    (1)     A person other than a university who is not a registered higher education provider commits an offence if the person claims to be a higher education provider.

Maximum penalty: 100 penalty units.

    (2)     A person who is not, or is not acting for, a registered higher education provider commits an offence if the person operates as a higher education provider in the ACT.

Maximum penalty: 50 penalty units.

    (3)     A registered higher education provider must not operate as a higher education provider outside the scope of registration of the provider.

Maximum penalty: 50 penalty units.

    (4)     For subsection (2) or (3), a person operates as a higher education provider in the ACT if the person—

        (a)     offers to provide in the ACT a higher education course; or

        (b)     provides a higher education course in the ACT; or

        (c)     claims that the person can provide a higher education course in the ACT; or

        (d)     claims that the person can issue a higher education award in the ACT.

    (5)     For this section, a person claims that the person can do a thing if the person—

        (a)     makes that claim; or

        (b)     says or does anything likely to induce someone else to believe that the person can do the particular thing.

    (6)     For this section, a person is taken to operate as a higher education provider in the ACT if the person does a thing mentioned in subsection (2) or (3)—

        (a)     as the agent of someone else; or

        (b)     under a franchise arrangement that applies to all or part of the ACT (whether or not it also applies to a place outside the ACT).

    (7)     Also, for this section, a person is taken to operate as a higher education provider in the ACT if the person does a thing mentioned in subsection (4) in or from the ACT by means of—

        (a)     a computer adapted for communicating by way of the internet or another communications network; or

        (b)     a television receiver adapted to allow the viewer to transmit information by way of a cable television network or other communications network; or

        (c)     a telephone; or

        (d)     any other electronic device.

    (8)     An offence against this section is a strict liability offence.