13Inappropriate marketing etc.

13 Inappropriate marketing etc.

(1) The circumstances exist if: (a) the VET provider did, or caused to be done, any marketing, advertising or promoting that suggested that, if the student enrolled in the unit or course, a thing will: (i) be provided to the student or another person; or (ii) be otherwise available for the student to use; and (b) it is reasonably likely that this suggestion induced the student to: (i) enrol in the unit or course; and (ii) make the request for Commonwealth assistance (or give the form referred to in paragraph 11(b)); and (c) the student’s use of the thing was required or necessary for the student to externally complete all or part of the unit or course (having regard to the learning objectives and outcomes of the unit or course). (2) The circumstances exist if: (a) the VET provider cold-called a person, or caused a person to be cold-called, when marketing, advertising or promoting the unit or course; and (b) in doing so, or as a result of doing so, the VET provider suggested, or caused to be suggested, that VET FEE-HELP assistance (however described) could be available if the student were to enrol in the unit or course; and (c) it is reasonably likely that this suggestion induced the student to: (i) enrol in the unit or course; and (ii) make the request for Commonwealth assistance (or give the form referred to in paragraph 11(b)).