Queensland Consolidated Acts Queensland Consolidated Acts(1) A person must not provide a course to an overseas student, or arrange or promote a course, if—
(a) the person—
(i) is not a registered provider; or
(ii) is a registered provider, but is in breach of a condition of the person's registration as a provider; or
(b) the course—
(i) is not a registered course; or
(ii) is a registered course, but the person is in breach of a condition of the registration of the course.
Maximum penalty—200 penalty units.
(2) For subsection (1)—
(a) a person (the arranger) arranges a course if the arranger, in Australia or elsewhere, enters into an agreement to provide the course to a person as an overseas student; and
(b) a person (the promoter) promotes a course if the promoter, in Australia or elsewhere—
(i) makes an offer to provide the course to a person as an overseas student; or
(ii) invites a person to undertake the course as an overseas student; or
(iii) invites or accepts an amount for the course from or for an overseas student or intending overseas student; or
(iv) if the promoter is not a registered provider—holds the promoter out as able or willing to provide the course to a person as an overseas student, but does not take reasonable steps to ensure that a person who is, or might become, interested in taking the course is aware the promoter is not a registered provider; or
(v) if the course is not a registered course—holds the promoter out as able or willing to provide the course to a person as an overseas student, but does not take reasonable steps to ensure that a person who is, or might become, interested in taking the course is aware the course is not a registered course.
(3) Despite section 6, subsection (1) does not apply to the State or a public service officer, or the Commonwealth or an officer of the Commonwealth, in promoting the activities of the State (including a State educational institution, TAFE institute, statutory TAFE institute or agricultural college), the Commonwealth or a registered provider.
Editor's note—
Section 6 provides that 'This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth...'.