Section 71
of Brunei Darussalam National Accreditation Council Act
Section 71
(1)
No person shall hold himself out to be or promote a higher education provider as a higher education provider providing accredited programmes or granting accredited qualifications, whether by advertisement,
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prospectus, brochure or otherwise, unless the higher education provider is accredited under this Act.
(2)
No person shall promote a programme as an accredited programme, whether by advertisement, prospectus, brochure or otherwise, unless the programme has been accredited under this Act.
(3)
Any person who contravenes subsections (1) and (2) is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 3 years or both.
Offences and penalties relating to higher education qualification 72.
Any person, being a person who has not been granted accreditation under this Act, issues or awards any higher education qualification claimed to be complying with the Framework is guilty of an offence and liable on conviction to a fine not exceeding $100,000, imprisonment for a term not exceeding 3 years or both.
Offences and penalties relating to applications made under Act 73.
Any higher education provider which, on making an application for accreditation or any person making a request for evaluation under this Act, makes any statement which it or he knows to be false, or does not believe to be true, or intentionally suppresses any material fact, or furnishes any information which is misleading in any material particular is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both.
Offences and penalties relating to letters of accreditation 74.
(1)
Where any higher education provider —
(a)
fails to cause a copy of the letter of accreditation to be exhibited in accordance with this Act;
(b)
that has ceased to provide programmes fails to surrender the letter of accreditation to the Council in accordance with this Act; or
(c)
upon the revocation of a letter of accreditation and fails to surrender the letter of accreditation to the Council in accordance with this Act,
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such higher education provider is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both.
(2)
Any person who is in possession of any false letter of accreditation is guilty of an offence and liable on conviction to a fine not less than $20,000, imprisonment for a term not less than one year but not exceeding 3 years or to both.
Offences relating to inspection, enforcement and investigation 75.
Any person —
(a)
who fails to produce such document, material or other article in the physical form or in the electronic medium required by the authorised officer under this Act; or
(b)
who obstructs or refuses to allow the authorised officer under this Act to —
(i)
enter any area including the building or structure thereon which belongs to or is used, whether permanently or otherwise, or whether or not registered for use, by a higher education provider;
(ii)
examine such document, material or other article in the physical form or in the electronic medium, as he may consider necessary;
(iii)
remove and detain any document, material or other article in the physical form or in the electronic medium which, in his opinion, may furnish evidence of the commission of an offence under this Act or any regulations made thereunder; or
(iv)
require any person, being a member of the Council, a chief executive, an officer or an employee of such higher education provider, to produce for his inspection any document, material or other article in the physical form or in the electronic medium, which is in the possession or custody of the person or under his control or within his power to furnish relating to management of the higher education provider or to the programmes carried on by the higher education provider;
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(c)
who is summoned under section 62 and without reasonable excuse fails to attend at the time and place mentioned in the summons, or who, having attended, refuses to answer any question that may lawfully be put to him;
(d)
who fails to produce such document, material or other article in the physical form or in the electronic medium, required by the authorised officer under section 63; or
(e)
who obstructs or hinders an authorised officer while exercising any of his powers under Part 9, is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both.