Personation at examinations
298C Personation at examinations
A person must not personate an examination candidate at a prescribed examination.
Penalty: 50 penalty units.
If a person is charged with an offence against subregulation (1), both the personator and the candidate are taken not to have passed the examination.
If a person is charged with an offence against subregulation (1):
the personator; and
unless CASA is satisfied that the personation took place without the candidate’s knowledge or consent—the candidate;
are not permitted to attempt any prescribed examination:
unless the person is acquitted of the offence; or
unless the charge is withdrawn; or
until a period of one year has passed from the date of the examination to which the charge related;
whichever happens first.
In spite of subregulation (2), if:
a person who attempted an examination is charged with an offence against subregulation (1); and
either:
the person is acquitted of that offence; or
the charge is withdrawn; and
the mark obtained by the person in the examination is more than, or equal to, the pass mark for the examination;
the person is taken to have passed the examination.
In this regulation:
offence against subregulation (1) includes:
an offence against section 11.1 or 11.4 of the Criminal Code in relation to an offence against that subregulation; and
an offence against subregulation (1) because of the operation of section 11.2 or 11.3 of the Criminal Code.
In this regulation:
personator means a person alleged to have personated a candidate.
prescribed examination has the same meaning as in regulation 298A.
This Act’s bill:Explanatory statement
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.