391 Offences relating to false representations

(1)

A person commits an offence if the person falsely represents, expressly or by implication, that—

(a)

a qualification is listed on the Qualifications Framework; or

(b)

a programme or training scheme—

(i)

is an approved programme or training scheme; or

(ii)

leads to a qualification listed on the Qualifications Framework; or

(c)

a body—

(i)

is a registered establishment; or

(ii)

has accreditation to provide an approved programme or training scheme; or

(iii)

is providing or purports to provide an approved programme or training scheme; or

(iv)

has consent to assess against standards; or

(d)

a standard is in the Directory of Assessment Standards; or

(e)

the person is an agent of an institution, a government training establishment, a registered establishment, or a relevant school when the person is not.

(2)

A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.

(3)

A person commits an offence if the person, without reasonable excuse, makes a false representation for the purpose of receiving, or continuing to receive, free tertiary education from a tertiary education organisation.

(4)

A person who commits an offence against subsection (3) is liable on conviction to a fine not exceeding $5,000.

(5)

For the purposes of subsection (3), free tertiary education means any tuition or training—

(a)

that a tertiary education organisation provides to, or arranges for, eligible students; and

(b)

that has costs (which would otherwise be payable by those students) that are (in whole or in part) met by money appropriated by Parliament.

Compare: 1989 No 80 s 292A