101Effect of certificate: offence

101 Effect of certificate: offence

(1) A person commits an offence if the person: (a) makes an offer to an overseas student, an intending overseas student or any other prescribed non‑citizen for him or her to be provided with a course at any location by a registered provider; or (b) invites an overseas student, an intending overseas student or a prescribed non‑citizen to undertake, or apply to undertake, a course at any location offered by a registered provider; or (c) holds a registered provider out as able or willing to provide a course at any location to overseas students or prescribed non‑citizens; while an Immigration Minister’s suspension certificate is in effect for that registered provider.

Penalty: Imprisonment for 2 years.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(2) The provider is still registered for all other purposes. (3) In this section:

prescribed non‑citizen means a non‑citizen (within the meaning of the Migration Act 1958) who is of a kind prescribed for the purposes of this section in regulations made under that Act.