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TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 - SECT 108

Regulated entity represents itself as university

Offence

  (1)   A regulated entity commits an offence if:

  (a)   the entity uses the word "university" to represent itself, or its operations, as a university in relation to:

  (i)   an Australian course of study; or

  (ii)   an overseas course of study, to the extent that the course of study is, or is to be, provided wholly or mainly from Australian premises that are related to an overseas higher education award; or

  (iii)   a regulated higher education award; and

  (b)   the entity is not a registered higher education provider registered in either the "Australian University" or "Overseas University" provider category.

Penalty:   300 penalty units.

Civil penalty

  (2)   A regulated entity contravenes this subsection if:

  (a)   the entity uses the word "university" to represent itself, or its operations, as a university in relation to:

  (i)   an Australian course of study; or

  (ii)   an overseas course of study, to the extent that the course of study is, or is to be, provided wholly or mainly from Australian premises that are related to an overseas higher education award; or

  (iii)   a regulated higher education award; and

  (b)   the entity is not a registered higher education provider registered in either the "Australian University" or "Overseas University" provider category.

Civil penalty:   600 penalty units.

Use of the word "university"

  (3)   Without limiting paragraph   (1)(a) or (2)(a), an entity is taken to use the word "university" if the entity:

  (a)   uses a variant of that word; or

  (b)   uses that word, or a variant of that word, by itself or in combination with other words.



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