Higher Education Support Act 2003

Schedule 1A - VET FEE-HELP Assistance Scheme  

Note:

See section 6-1 .

PART 1 - VET providers  

Division 5A - Civil penalty provisions and enforcement  

Subdivision 5A-A - Civil penalty provisions  

SECTION 39DC   Civil penalty - inappropriate inducements  

39DC(1)  
A 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.

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.

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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