Section 21
General measures Agency may impose on errant private education institutions
(1)
Without limiting any other power vested in the Agency under this Act, where a private education institution —
has breached any term or condition of its registration; or
has failed to comply with section 12(1) or 17(1), or any regulations that may be prescribed for the purpose of this section the breach of which is not an offence,the Agency may, in its discretion —
impose a financial penalty of any amount, not exceeding $5,000, that the Agency thinks fit;
censure the private education institution; or
order that the registration of the private education institution be subject to such terms or conditions as may be imposed by the Agency, whether in addition to or in substitution of the existing terms and conditions of its registration.
(2)
Any financial penalty payable by any private education institution under subsection (1)(c) is recoverable as a civil debt due to the Agency from the private education institution.
(3)
The Agency must, before making any decision under subsection (1) in relation to any private education institution, give the private education institution written notice of its intention to do so.
(4)
Upon receipt of the notice of the Agency under subsection (3), the private education institution concerned or any manager thereof may, within 14 days after the date of the notice, show cause to the Agency as to why the Agency should not impose a financial penalty, censure or make an order under subsection (1)(e), as the case may be.
(5)
The Agency must, after the private education institution or any manager thereof has shown cause under subsection (4) or the time to do so has expired, notify the private education institution of its decision in writing.
(6)
Subject to section 26, any decision by the Agency under subsection (1) must not take effect until the expiry of 14 days after the Agency has served the notice of the decision on the private education institution concerned.[48