47GOffence for failure to provide refund

47G Offence for failure to provide refund

(1) A person commits an offence if: (a) either: (i) the person is a registered provider; or (ii) if a registered provider is an unincorporated body—the person is the principal executive officer of the provider; and (b) an overseas student or intending overseas student defaults in relation to a course at a location that is or was provided, or is to be provided, by the person; and (c) the person fails to provide a refund to the student in accordance with section 47D or 47E (as the case requires) (whether or not the provider is still a registered provider at that time).

Penalty: 60 penalty units.

(2) An offence under subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) The maximum penalty for each day that an offence under subsection (1) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note: Subsection (1) is a continuing offence under section 4K of the Crimes Act 1914.