(1) A person or body must not use the term "TAFE" or "technical and further education" in its name, or in a description of its activities, operations or services in connection with its operations in and from Victoria if having regard to the circumstances in which it is used it would be reasonably understood to indicate that—
(a) the person or body using the term in its name is a TAFE institute; or
(b) the activity, operation or service is being provided by a TAFE institute—
unless the person or body is a TAFE institute.
Penalty: 20 penalty units in the case of a natural person and 100 penalty units in the case of a body corporate.
Example to s. 3.1.26A(1) amended by No. 76/2013 s. 7.
A body that is not a TAFE institute and is not exempted under subsection (2) that offers education services using the name "Victoria TAFE Educators" would contravene subsection (1).
(2) Subsection (1) does not apply to—
S. 3.1.26A (2)(a) amended by No. 39/2012 s. 62(2).
(a) a recognised TAFE Institute or a person or body that operates a recognised TAFE Institute; or
(b) a recognised University; or
(c) a prescribed person or body or person or body of a prescribed class of person or body; or
(d) a person or body to whom the Minister has given approval under subsection (3) to use the term "TAFE" or "technical and further education" in its name or in connection with its activities, operations or services.
(3) The Minister may give a person or body an approval to use the term "TAFE" or "technical and further education" in its name or in connection with its activities, operations or services despite the body or person not being a TAFE institute if satisfied that—
(a) the person or body is established by or operates in association with one or more TAFE institutes, recognised TAFE Institutes or recognised Universities; or
1 A company established by a TAFE institute (or in which a TAFE institute is a participant) for the conduct of TAFE related programs or activities.
2 A company established by one or more TAFE institutes to conduct professional development for staff of a TAFE institute or a body established by one or more TAFE institutes to represent or assist those TAFE institutes in workplace relations matters.
(b) it is unlikely that a reasonable person would think that, because of the use of the term "TAFE" or "technical and further education" in the person or body's name or in connection with its activities, operations or services, the person or body is a TAFE institute.
(4) The Minister must ensure that notice of an approval given under subsection (3) is published in the Government Gazette.
(5) In this section—
"recognised TAFE Institute" means an institution that—
(a) is established under an Act of the Commonwealth or another State or Territory; and
(b) has similar functions to a TAFE institute relating to the provision of courses and programs for technical and further education;
"TAFE institute" is defined in section 1.1.3(1).
"recognised University" has the same meaning as in section 4.1.1.
S. 3.1.26B inserted by No. 71/2010 s. 60.