116Offence—providing, or offering to provide, all or part of a VET course without registration

#### 116 Offence—providing, or offering to provide, all or part of a VET course without registration (1) A person commits an offence if: (a) the person provides, or offers to provide, all or part of a VET course in a referring State or a Territory; and (b) the person is not an NVR registered training organisation. Penalty: 1,500 penalty units. > Note: For the liability of an executive officer of a registered training organisation, see sections 133 and 133A. (1A) Subsection (1) does not apply to the provision by a person of all or part of a VET course if the person does so on behalf of an NVR registered training organisation in accordance with a written agreement between the person and the NVR registered training organisation. > Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code. (2) A person commits an offence if: (a) the person is a registered provider (other than a secondary school); and (b) the person provides, or offers to provide, all or part of a VET course in a non‑referring State; and (c) the person is not an NVR registered training organisation. Penalty: 1,500 penalty units. > Note 1: Paragraph (a)—registered provider is defined, see section 3. > Note 2: For the liability of an executive officer of a body corporate, see sections 133 and 133A. (3) Subsection (2) does not apply to the provision by a person of all or part of a VET course if the person does so on behalf of an NVR registered training organisation in accordance with a written agreement between the person and the NVR registered training organisation. > Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.