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TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY ACT 2011 - SECT 114C

Additional operation of sections 114A and 114B

  (1)   In addition to the effect they have in relation to higher education providers, sections   114A and 114B also have effect as provided by this section.

Note:   For the meaning of higher education provider , see section   5.

Section   114A--trade and commerce

  (2)   Section   114A also has the effect it would have as if:

  (a)   each reference to providing an academic cheating service were expressly confined to a service that is, or is to be, provided in the course of trade and commerce to which paragraph   51(i) of the Constitution applies; or

  (b)   each reference to an offer to provide, or to an arrangement to provide, an academic cheating service were expressly confined to an offer or arrangement made in the course of trade and commerce to which paragraph   51(i) of the Constitution applies.

Section   114A--communications

  (3)   Section   114A also has the effect it would have as if:

  (a)   each reference to providing an academic cheating service were expressly confined to a service that is, or is to be, provided by means of a service to which paragraph   51(v) of the Constitution applies; or

  (b)   each reference to an offer to provide, or to an arrangement to provide, an academic cheating service were expressly confined to an offer or arrangement made by means of a service to which paragraph   51(v) of the Constitution applies.

Section   114A--aliens

  (4)   Section   114A also has the effect it would have as if:

  (a)   each reference to a person who provides, offers to provide or arranges for a third person to provide an academic cheating service were expressly confined to a person who is an alien (within the meaning of paragraph   51(xix) of the Constitution); or

  (b)   each reference to a third person in respect of whom an arrangement is made were expressly confined to a person who is an alien (within the meaning of paragraph   51(xix) of the Constitution); or

  (c)   each reference to a student were expressly confined to a person who is an alien (within the meaning of paragraph   51(xix) of the Constitution).

Sections   114A--constitutional corporations (other than higher education providers)

  (5)   Section   114A also has the effect it would have as if:

  (a)   each reference to a person who provides, offers to provide or arranges for a third person to provide an academic cheating service were expressly confined to a constitutional corporation; or

  (b)   each reference to a third person in respect of whom an arrangement is made were expressly confined to a constitutional corporation.

Section   114B--trade and commerce

  (6)   Section   114B also has the effect it would have as if:

  (a)   each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to a service that is, or is to be, provided in the course of trade and commerce to which paragraph   51(i) of the Constitution applies; or

  (b)   each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to advertising, publishing or broadcasting in the course of trade and commerce to which paragraph   51(i) of the Constitution applies.

Section   114B--communications

  (7)   Section   114B also has the effect it would have as if:

  (a)   each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to a service that is, or is to be, provided by means of a service to which paragraph   51(v) of the Constitution applies; or

  (b)   each reference to advertising, or publishing or broadcasting an advertisement for, an academic cheating service were expressly confined to advertising, publishing or broadcasting by means of a service to which paragraph   51(v) of the Constitution applies.

Section   114B--aliens

  (8)   Section   114B also has the effect it would have as if each reference to a person who advertises, or publishes or broadcasts an advertisement for, an academic cheating service were expressly confined to a person who is an alien (within the meaning of paragraph   51(xix) of the Constitution).

Section   114B--constitutional corporations

  (9)   Section   114B also has the effect it would have as if each reference to a person who advertises, or publishes or broadcasts an advertisement for, an academic cheating service were expressly confined to a constitutional corporation.



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