| Section in the Act | Definition of Breach | Maximum Penalty |
|---|---|---|
| Subsection 8(2) | Provision of education services to overseas students without active registration. | Penalty: 2 years imprisonment. |
| Subsection 15(3.1) Subsection 27(3.2) | Misleading or deceptive conduct during recruitment process. Inability to provide programs to accepted students or to refund the program money. |
Penalty: one or more conditions on the registration:
|
| Subsection 19(3.1) | Not providing information about changes to students’ enrolment within
14 days. Not providing notice to DIAC about students who fail to meet academic requirements. |
Penalty: 60 penalty units per event (value - $60/unit). |
| Subsection 20(3.1) | Not sending a Non Compliance Notification letter to the student who fail to meet academic program requirements. | Penalty: 60 penalty units per event.
|
| Subsection 21(3.1) | Not keeping student records. | Penalty: 60 penalty units per each missing record. |
| Subsection 107(6.3) | Failure to identify registered provider in written material. | Penalty: 6 months imprisonment. |
| Subsection 108(6.3) | Providing false and misleading information in relation to obligations of registered providers. | Penalty:12 months imprisonment. |