Commonwealth Consolidated Acts

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 133

  (1)   An executive officer of a registered training organisation commits an offence if:

  (a)   the organisation commits an offence covered by section   133A; and

  (b)   the officer knew that the offence would be committed; and

  (c)   the officer was in a position to influence the conduct of the organisation in relation to the commission of the offence; and

  (d)   the officer failed to take all reasonable steps to prevent the commission of the offence.

  (2)   The maximum penalty for an offence against subsection   (1) is one - fifth of the maximum penalty that could be imposed for the offence committed by the registered training organisation.

  (3)   An executive officer of a registered training organisation contravenes this subsection if:

  (a)   the organisation contravenes a civil penalty provision; and

  (b)   the officer knew that the contravention would occur; and

  (c)   the officer was in a position to influence the conduct of the organisation in relation to the contravention; and

  (d)   the officer failed to take all reasonable steps to prevent the contravention.

  (4)   The maximum civil penalty for a contravention of subsection   (3) is one - tenth of the maximum penalty that could be imposed for the contravention of the civil penalty provision by the registered training organisation.