(1) A person who is not an RTO must not claim to be an RTO.
Penalty: 60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate.
(2) A person who is not, or not acting for, an RTO operating within the scope of registration of the RTO must not—
(a) issue, or claim to be able to issue, a qualification or statement of attainment; or
(b) claim to be able to provide training or assessments resulting in the issue of a qualification or statement of attainment.
Penalty: 60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate.
(3) A person must not claim to be able to provide training resulting in the issue of a qualification or statement of attainment by another person knowing that the other person is not authorised in accordance with this Act to issue the qualification or statement of attainment.
Penalty: 60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate.
(4) For the purposes of subsections (1) to (3), the person claims to be an RTO or claims to be able to do a particular thing if the person—
(a) makes that claim; or
(b) purports to be an RTO or to be able to do the particular thing; or
(c) does any act likely to induce someone else to believe the person is an RTO or is able to do the particular thing.
(5) This section does not apply to a registering body.