Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.8.22

Offence to fail to comply with notice to comply

    (1)     A relevant entity must not, without reasonable excuse, fail to comply with a notice to comply issued under section 5.8.18.

Penalty:     In the case of a body corporate, 120 penalty units;

    In any other case, 60 penalty units.

    (2)     It is a reasonable excuse for a relevant entity to refuse or fail to comply with a notice to comply issued under 5.8.18 if the relevant entity

        (a)     took all actions that were reasonable for the relevant entity to take in the circumstances; and

        (b)     believed on reasonable grounds that the relevant entity was unable to comply with the notice.

    (3)     It is a reasonable excuse for a natural person to refuse or fail to comply with a notice to comply issued under section 5.8.18 if taking the action specified in the notice would tend to incriminate the person.

Pt 5.8 Div. 7 (Heading and s. 5.8.23) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).

Division 7—Pending criminal or civil proceedings

S. 5.8.23 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).



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