298CPersonation at examinations

298C Personation at examinations

(1) A person must not personate an examination candidate at a prescribed examination.

Penalty: 50 penalty units.

(2) If a person is charged with an offence against subregulation (1), both the personator and the candidate are taken not to have passed the examination. (3) If a person is charged with an offence against subregulation (1): (a) the personator; and (b) unless CASA is satisfied that the personation took place without the candidate’s knowledge or consent—the candidate; are not permitted to attempt any prescribed examination: (c) unless the person is acquitted of the offence; or (d) unless the charge is withdrawn; or (e) until a period of one year has passed from the date of the examination to which the charge related; whichever happens first. (4) In spite of subregulation (2), if: (a) a person who attempted an examination is charged with an offence against subregulation (1); and (b) either: (i) the person is acquitted of that offence; or (ii) the charge is withdrawn; and (c) the mark obtained by the person in the examination is more than, or equal to, the pass mark for the examination; the person is taken to have passed the examination. (5) In this regulation:

offence against subregulation (1) includes:

(a) an offence against section 11.1 or 11.4 of the Criminal Code in relation to an offence against that subregulation; and
(b) an offence against subregulation (1) because of the operation of section 11.2 or 11.3 of the Criminal Code.

(6) In this regulation:

personator means a person alleged to have personated a candidate.

prescribed examination has the same meaning as in regulation 298A.