Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth of Australia v King [2019] FCA 787 File number: NSD 687 of 2018
Judge: PERRAM J
Date of judgment: 30 May 2019
Catchwords: EDUCATION – penalties – where multiple contraventions of ss 117, 125 and 129 of National Vocational Education and Training Regulator Act 2011 (Cth) – where respondent provided, or offered to provide, vocational education and training ('VET') courses, and purported to issue VET statements of attainment without registration – where respondent admitted contraventions and cooperated in production of statement of agreed facts – where agreed submission on appropriate range of penalties – consideration of relevant penalty principles
Legislation: Crimes Act 1914 (Cth) s 4F National Vocational Education and Training Regulator Act 2011 (Cth) ss 3, 5, 117, 125, 129, 137, 141 Vocational Education and Training (Commonwealth Powers) Act 2011 (Tas) s 5
Cases cited: Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Clean Energy Regulator v MT Solar Pty Ltd [2013] FCA 205 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Commonwealth v Jones [2018] FCA 1008 Commonwealth v Reid [2018] FCA 579 Commonwealth v Restar [2016] FCA 657 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; 269 ALR 1 Markarian v The Queen [2005] HCA 25; 228 CLR 357
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