Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.7.5

Offence to falsely claim to be an RTO

    (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.



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