Commonwealth Consolidated Acts

VET STUDENT LOANS ACT 2016 - SECT 65

  (1)   An executive officer of an approved course provider commits an offence if:

  (a)   the provider commits an offence against this Act; 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 provider 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 provider.

  (3)   An executive officer of an approved course provider contravenes this subsection if:

  (a)   the provider contravenes a civil penalty provision of this Act; and

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

  (c)   the officer was in a position to influence the conduct of the provider 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 - fifth of the maximum penalty that could be imposed for the contravention of the civil penalty provision by the provider.