National Vocational Education and Training Regulator Act 2011 (Cth)

National Vocational Education and Training Regulator Act 2011 No. 12, 2011 Compilation No. 25 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the National Vocational Education and Training Regulator Act 2011 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Introduction Division 1—Preliminary 1 Short title 2 Commencement 2A Objects Division 2—Definitions 3 Definitions 3A Vacancy in the office of an Advisory Council member Division 3—Constitutional basis for this Act and the Transitional Act 4 Constitutional basis for this Act and the Transitional Act 5 Meaning of referring State 6 Meaning of referred VET matters 7 Meaning of non‑referring State 8 When application of this Act takes effect 9 Immunity from State and Territory laws 10 When this Act does not apply—exclusion by a law of a referring State or a Territory 11 Addressing inconsistency between Commonwealth and State and Territory laws Division 4—General application of this Act and the Transitional Act 12 Acts bind the Crown 13 Acts not to apply so as to exceed Commonwealth power 14 Extension of Acts to external Territories 15 Extra‑territorial application Part 2—Registration Division 1—Registering as an NVR registered training organisation Subdivision A—Applying for registration 16 Application for registration 17 Registration 17A Requirements for audits conducted in relation to applications for registration 17B Order of consideration of initial applications for registration 18 National VET Regulator to notify applicant of decision on registration 19 National VET Regulator to issue certificate of registration 20 Commencement and duration of registration Subdivision B—Conditions of registration 21 Complying with conditions 22 Condition—compliance with the VET Quality Framework 22A Condition—commitment and capability to deliver quality vocational education and training 23 Condition—satisfying Fit and Proper Person Requirements 24 Condition—satisfying the Financial Viability Risk Assessment Requirements 24A Condition—complying with student assistance laws 25 Condition—notifying National VET Regulator of material changes 26 Condition—other information etc. must be provided 26A Copies of documents 26B National VET Regulator may retain documents 27 Condition—cooperation 28 Condition—compliance with directions given by the National VET Regulator 29 Other conditions 30 National VET Regulator to notify NVR registered training organisation of change in conditions of registration Subdivision C—Renewing registration 31 Renewal of registration Division 2—Changing the scope of registration 32 Application for change of scope of registration 33 Change of scope of registration 34 National VET Regulator to notify applicant of decision on change of scope of registration Division 3—Ensuring compliance with the VET Quality Framework Subdivision A—Audits 35 Audits Subdivision AA—Directions to rectify breaches of conditions 35A Directions to rectify breaches of conditions Subdivision B—Administrative sanctions 36 Sanctions 37 Natural justice requirements 38 Suspension 39 Cancellation 40 Other enforcement action Subdivision C—Lapse of registration 40A Lapse 40B Extension of measurement period Division 4—Requests for reassessment 41 Requests for reassessment Division 5—Withdrawing registration 42 Withdrawing registration Part 3—Accreditation of courses Division 1—Applying for accreditation 43 Application for accreditation 44 Accreditation of course 45 National VET Regulator to notify applicant of decision on accreditation of course 46 Commencement and duration of accreditation Division 2—Conditions of accreditation 47 Complying with conditions 47A Condition—compliance with Standards for VET Accredited Courses 47B Condition—compliance with Australian Qualifications Framework 47C Condition—compliance with directions given by the National VET Regulator 48 Conditions 49 National VET Regulator to notify relevant person of change in conditions of accreditation Division 3—Renewing accreditation 50 Renewal of accreditation Division 4—Amending VET accredited courses 51 Amending VET accredited courses Division 5—Cancelling accreditation 52 Cancelling accreditation 53 National VET Regulator to notify relevant persons of proposed cancellation 54 When cancellation takes effect Part 4—National VET Regulator's power to issue and cancel VET qualifications etc. Division 1—Issue of VET qualifications and VET statements of attainment 55 National VET Regulator may issue VET qualifications and VET statements of attainment Division 2—Cancellation of VET qualifications and VET statements of attainment Subdivision A—Cancellation 56 National VET Regulator may cancel VET qualifications and VET statements of attainment 57 National VET Regulator to notify person concerned of proposed cancellation 58 National VET Regulator's consideration of response 59 When cancellation takes effect Subdivision B—Civil penalties 60 Civil penalty—failure to return VET qualification or VET statement of attainment 61 Civil penalty—use of cancelled VET qualification or VET statement of attainment 61A Civil penalty—failure to comply with direction under subsection 56(2) Part 5—Investigative powers Division 1—Requiring people to give information and produce documents or things Subdivision A—Requests by National VET Regulator 62 Requests for information, documents or things 63 National VET Regulator may retain documents and things Subdivision B—Offence and related provisions 64 Failure to comply with National VET Regulator's request 65 Self‑incrimination etc. Division 2—Searches of premises Subdivision A—Exercising monitoring or enforcement powers 66 Authorised officer may enter premises by consent or under a warrant 67 Monitoring powers of authorised officers 68 Enforcement powers of authorised officers 69 Persons assisting authorised officers 70 Use of force in executing a warrant 71 Authorised officer may ask questions and seek production of documents Subdivision B—Obligations and incidental powers of authorised officers 72 Consent 73 Announcement before entry under warrant 74 Authorised officer to be in possession of warrant 75 Details of warrant etc. to be given to occupier 76 Expert assistance to operate electronic equipment 77 Compensation for damage to electronic equipment Subdivision C—Occupier's rights and responsibilities 78 Occupier entitled to observe execution of warrant 79 Occupier to provide authorised officer with facilities and assistance Subdivision D—General provisions relating to seizure 80 Copies of seized things to be provided 81 Receipts for things seized 82 Return of seized things 83 Issuing officer may permit a thing to be retained 84 Disposal of things Subdivision E—Warrants 85 Monitoring warrants 86 Issue of enforcement warrants 87 Enforcement warrants by telephone, fax etc. 88 Offence relating to warrants by telephone, fax etc. Subdivision F—Appointment of authorised officers and issue of identity cards 89 Appointment of authorised officers 90 Identity cards Subdivision G—Powers of issuing officers 91 Judges of the Federal Circuit and Family Court of Australia (Division 2)—consent to nomination 92 Issuing officers—personal capacity Part 6—Enforcement Division 1—Offences and civil penalty provisions Subdivision A—Conduct by NVR registered training organisations 93 Offence—providing all or part of VET course outside scope of registration 94 Civil penalty—providing all or part of VET course outside scope of registration 95 Offence—issuing VET qualification outside scope of registration 96 Civil penalty—issuing VET qualification outside scope of registration 97 Offence—issuing VET statement of attainment outside scope of registration 98 Civil penalty—issuing VET statement of attainment outside scope of registration 99 Offence—advertising all or part of VET course outside scope of registration 100 Civil penalty—advertising all or part of VET course outside scope of registration 100A Offence—making false or misleading representation in advertisement 100B Civil penalty—making false or misleading representation in advertisement 100C Offence—making false or misleading representation relating to VET course, VET qualification or operations 100D Civil penalty—making false or misleading representation relating to VET course, VET qualification or operations 101 Offence—certain conduct prohibited while scope of registration suspended 102 Civil penalty—certain conduct prohibited while scope of registration suspended 103 Offence—issuing VET qualification without providing adequate assessment 104 Civil penalty—issuing VET qualification without providing adequate assessment 105 Offence—issuing VET statement of attainment without providing adequate assessment 106 Civil penalty—issuing VET statement of attainment without providing adequate assessment 107 Offence—issuing VET qualification without ensuring student satisfied requirements 108 Civil penalty—issuing VET qualification without ensuring student satisfied requirements 109 Offence—issuing VET statement of attainment without ensuring student satisfied requirements 110 Civil penalty—issuing VET statement of attainment without ensuring student satisfied requirements 111 Civil penalty—breach of condition of registration 112 Civil penalty—failure to return certificate of registration 113 Geographical jurisdiction Subdivision B—Conduct that is prohibited if not an NVR registered training organisation 114 Offence—falsely claiming to be an NVR registered training organisation 115 Civil penalty—falsely claiming to be an NVR registered training organisation 116 Offence—providing, or offering to provide, all or part of a VET course without registration 117 Civil penalty—providing, or offering to provide, all or part of a VET course without registration 118 Offence—issuing VET qualification 119 Civil penalty—issuing VET qualification 120 Offence—issuing VET statement of attainment 121 Civil penalty—issuing VET statement of attainment Subdivision C—Other prohibited conduct 122 Offence—making false or misleading representation in advertisement 123 Civil penalty—making false or misleading representation in advertisement 123A Offence—advertising or offering VET course without identifying issuer of VET qualification or statement of attainment 123B Civil penalty—advertising or offering VET course without identifying issuer of VET qualification or statement of attainment 124 Offence—making false or misleading representation relating to VET course or VET qualification 125 Civil penalty—making false or misleading representation relating to VET course or VET qualification 126 Offence—purporting to issue VET qualification 127 Civil penalty—purporting to issue VET qualification 128 Offence—purporting to issue VET statement of attainment 129 Civil penalty—purporting to issue VET statement of attainment 130 Civil penalty—breach of condition of accreditation 131 Civil penalty—using a bogus VET qualification or VET statement of attainment 132 Geographical jurisdiction Subdivision D—Executive officers 133 Personal liability of an executive officer of a registered training organisation—general 133A Personal liability of an executive officer of a registered training organisation—offences covered 134 Reasonable steps to prevent offence or contravention Subdivision E—Partnerships 135 Liability of partners in partnerships Subdivision F—Unincorporated associations 136 Liability of members of unincorporated associations Division 2—Civil penalty proceedings Subdivision A—Obtaining an order for a civil penalty 137 Federal Court or Federal Circuit and Family Court of Australia (Division 2) may impose pecuniary penalty 138 Involvement in contravening civil penalty provision 139 Recovery of a pecuniary penalty 140 Gathering information for application for pecuniary penalty 141 Continuing and multiple contraventions of civil penalty provisions Subdivision B—Civil penalty proceedings and criminal proceedings 142 Civil proceedings after criminal proceedings 143 Criminal proceedings during civil proceedings 144 Criminal proceedings after civil proceedings 145 Evidence given in proceedings for civil penalty not admissible in criminal proceedings Division 3—Enforceable undertakings 146 Acceptance of undertakings 147 Enforcement of undertakings Division 4—Infringement notices 148 Infringement notices in respect of offences 149 Infringement notices in respect of civil penalty provisions Division 5—Injunctions 150 Injunctions 151 Interim injunctions 152 Discharge etc. of injunctions 153 Certain limits on granting injunctions not to apply 154 Other powers of the Federal Court or Federal Circuit and Family Court of Australia (Division 2) unaffected Part 7—Administration Division 1—National Vocational Education and Training Regulator Subdivision A—Establishment, functions and powers of the National VET Regulator 155 Establishment 157 Functions of the National VET Regulator 157A National VET Regulator to cooperate with assessments 158 Financial Viability Risk Assessment Requirements 159 Independence of the National VET Regulator 160 Minister may give directions to the National VET Regulator 161 National VET Regulator has privileges and immunities of the Crown Subdivision B—Appointment and terms and conditions of the National VET Regulator 162 Appointment 163 Acting appointments 164 Remuneration 165 Leave of absence 166 Other paid work 167 Other terms and conditions 168 Resignation 169 Termination of appointment Subdivision C—Staff and consultants 170 Staff required to assist the National VET Regulator 171 Staff to be made available to the National VET Regulator 172 Consultants Subdivision D—Application of the finance law 173 Application of the finance law Division 2—National Vocational Education and Training Regulator Advisory Council Subdivision A—Establishment and function of the Advisory Council 174 Establishment 175 Function 176 Minister may give directions to the Advisory Council Subdivision B—Appointment and terms and conditions of the Advisory Council 177 Membership 178 Appointment 179 Acting appointments 180 Remuneration 181 Leave of absence 182 Disclosure of interests to the Minister 183 Disclosure of interests to the Advisory Council 184 Other terms and conditions 184A Resignation 184B Termination of appointment Subdivision C—Procedures of the Advisory Council 184C Times and places of meetings 184D Conduct of meetings 184E Voting at meetings 184F Minutes 184G Decisions without meetings Part 8—Commonwealth‑State arrangements Division 1—Role of Ministerial Council Subdivision A—NVR registered training organisations 185 Standards for NVR Registered Training Organisations 186 Fit and Proper Person Requirements 187 Data Provision Requirements Subdivision B—VET accredited courses 188 Standards for VET Accredited Courses Subdivision C—VET Regulators 189 Standards for VET Regulators 190 Risk Assessment Framework Subdivision D—Miscellaneous 191 How the Ministerial Council gives agreement 191A Adopting matters contained in other instruments as in force from time to time Division 2—Conferral of functions and powers by State law Subdivision A—Conferral of functions and powers 192 Commonwealth consent to conferral of functions etc. on the National VET Regulator by corresponding State laws 193 Meaning of imposes a duty 194 When duty imposed 195 Duty imposed by corresponding State law applying Commonwealth law Subdivision B—Jurisdiction of federal courts 196 Conferral of jurisdiction on federal courts Subdivision C—Administrative decisions 197 Review of certain decisions under State laws Subdivision D—Application to the Australian Capital Territory and the Northern Territory 198 Application to the Australian Capital Territory and the Northern Territory Part 9—Administrative law matters Division 1—Review of decisions 199 Reviewable decisions 200 Applications for reconsideration of decisions 201 Reconsideration by the National VET Regulator 202 Deadline for reconsideration 203 Review by the Administrative Review Tribunal Division 2—Information management Subdivision A—Unauthorised disclosure 204 Unauthorised disclosure of VET information Subdivision B—Information sharing 205 Disclosure of information by National VET Regulator 205A Disclosing information to certain government bodies etc. 206 Advising State/Territory Education Ministers about concerns or proposed cancellation or lapsing of registration 207 Disclosure of information to occupational licensing bodies etc. 208 Disclosure of information in accordance with international cooperative arrangements 209 Release of information to the public by the National VET Regulator 209A Release of information to the public by the Department 210 Disclosure of information to the National VET Regulator 210A Disclosure of information by the National Centre for Vocational Education Research etc. 210B Disclosure and release of information by the Department etc. 210C This Subdivision does not limit disclosure of information Subdivision C—VET student records 211 VET student records to be provided to National VET Regulator—executive officers etc. 212 National VET Regulator may request VET student records to be provided to Regulator 213 Transfer of VET student records to another registered training organisation 214 National VET Regulator's management of VET student records Subdivision D—Information safeguard rules 214A Information safeguard rules Subdivision E—VET data systems 214B Collection, use or disclosure of information Part 10—Reporting requirements 215 Annual report 216 National Register Part 11—Corporate plans 218 Approval of corporate plan 219 Variation of corporate plan 219A Application of the Public Governance, Performance and Accountability Act 2013 222 Compliance with plans Part 12—Miscellaneous Division 1—Delegations 223 Delegation by the Minister 224 Delegation by the National VET Regulator—government authorities etc. 225 Delegation by the National VET Regulator—occupational licensing bodies and other industry bodies 226 Delegation by the National VET Regulator—NVR registered training organisations 226A Delegation by the Secretary Division 2—Provisions affecting partnerships 227 Partnerships—rights and obligations 228 Continuity of partnerships 229 Partnership ceases to exist Division 3—Provisions affecting unincorporated associations 230 Unincorporated associations—rights and obligations 231 Unincorporated association ceases to exist Division 3A—Quality standards 231A Quality Standards Division 3B—Audit report rules 231B Audit report rules Division 3C—Suspension of initial applications for registration 231C Minister may suspend processing of initial applications for registration 231D Minister may suspend making of initial applications for registration 231E Minister to consult the National VET Regulator 231F Agreement of Ministerial Council 231G Notice of determination must be published on National VET Regulator's website Division 4—Miscellaneous 232 Fees 232A National VET Regulator annual registration charge 232B Recovery of charges 233 Protection from civil actions 233A Failure to publish or broadcast advertisement or make offer or representation not actionable if Act would be contravened 234 Compensation for acquisition of property 235 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish the National Vocational Education and Training Regulator, and for related purposes Part 1—Introduction Division 1—Preliminary 1 Short title This Act may be cited as the National Vocational Education and Training Regulator Act 2011. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 12 April 2011 2. Sections 3 to 15 A single day to be fixed by Proclamation. 1 July 2011 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (see F2011L00972) 3. Parts 2 to 12 At the same time as the provision(s) covered by table item 2. 1 July 2011 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 2A Objects The objects of this Act are: (a) to provide for national consistency in the regulation of vocational education and training (VET); and (b) to regulate VET using: (i) a standards‑based quality framework; and (ii) risk assessments, where appropriate; and (c) to protect and enhance: (i) quality, flexibility and innovation in VET; and (ii) Australia's reputation for VET nationally and internationally; and (d) to provide a regulatory framework that encourages and promotes a VET system that is appropriate to meet Australia's social and economic needs for a highly educated and skilled population; and (e) to protect students undertaking, or proposing to undertake, Australian VET by ensuring the provision of quality VET; and (f) to facilitate access to accurate information relating to the quality of VET. Note 1: The standards‑based quality framework mentioned in paragraph (b) consists of instruments made by the Ministerial Council, the Minister or the National VET Regulator. Note 2: These objects are subject to the constitutional basis for this Act (see Division 3). Division 2—Definitions 3 Definitions In this Act: acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. Advisory Council means the National Vocational Education and Training Regulator Advisory Council established by section 174. Advisory Council member means a member of the Advisory Council and includes the Chair. audit report rules has the meaning given by section 231B. Australia, when used in a geographical sense, includes the external Territories. Australian Qualifications Framework has the same meaning as in the Higher Education Support Act 2003. authorised officer means a person appointed as an authorised officer under section 89. Chair means the Chair of the Advisory Council. civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words "civil penalty" and one or more amounts in penalty units. committee of management of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association. Commonwealth authority means: (a) a Department of the Commonwealth; or (b) a body, whether incorporated or not, established for a public purpose by or under a law of the Commonwealth. compliance audit means an audit carried out under subsection 35(1). corporate plan means a corporate plan prepared by the National VET Regulator under section 35 of the Public Governance, Performance and Accountability Act 2013. corresponding State law means a law of a State, the Australian Capital Territory or the Northern Territory declared by the regulations to correspond to particular provisions of this Act or the regulations, including such a law as amended from time to time. course means a course of vocational education and training. Data Provision Requirements has the meaning given by section 187. Education Minister, in relation to a State or Territory, means the relevant Minister of the State or Territory with responsibility for vocational education and training. enforcement powers has the meaning given by section 68. enforcement warrant means: (a) a warrant issued under section 86; or (b) a warrant signed by an issuing officer under section 87. evidential material means: (a) in relation to an offence against this Act or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act: (i) a thing with respect to which the offence has been committed or is suspected, on reasonable grounds, of having been committed; or (ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of the offence; or (iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing the offence; and (b) in relation to a contravention of a civil penalty provision: (i) a thing with respect to which the civil penalty provision has been contravened or is suspected, on reasonable grounds, of having been contravened; or (ii) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of the civil penalty provision; or (iii) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening the civil penalty provision. executive officer, in relation to a registered training organisation, means: (a) a person, by whatever name called and whether or not a director of the organisation, who is concerned in, or takes part in, the management of the organisation; or (b) if the organisation is a body corporate: (i) a person who, at any time during a period for which the organisation is registered, owns 15% or more of the organisation; or (ii) a person who, at any time during a period for which the organisation is registered, is entitled to receive 15% or more of dividends paid by the organisation; or (c) an administrator, receiver and manager, or liquidator of the organisation (other than a receiver and manager, or liquidator, appointed by a court); or (d) if the organisation is a body corporate—the administrator of a deed of company arrangement executed by an organisation; or (e) if the organisation is a body corporate—a trustee or other person administering a compromise or arrangement made between the organisation and another person or other persons. Federal Court means the Federal Court of Australia. Financial Viability Risk Assessment Requirements has the meaning given by section 158. Fit and Proper Person Requirements has the meaning given by section 186. former registered training organisation means: (a) an organisation that was an NVR registered training organisation; or (b) a training organisation that was listed, at any time before this section commences, on a register (now known as the National Register) as being registered in a referring State or a Territory. high managerial agent of a registered training organisation means an employee or agent of the organisation with duties of such responsibility that his or her conduct may fairly be assumed to represent the organisation in relation to the business of providing courses. information safeguard rules has the meaning given by section 214A. information technology requirements includes software requirements. initial application for registration means an application for registration, other than for renewal of registration, as an NVR registered training organisation. issuing officer means: (a) a magistrate; or (b) a Judge of the Federal Circuit and Family Court of Australia (Division 2) in relation to whom a consent under subsection 91(1) and a nomination under subsection 91(2) are in force; or (c) a person employed in a court of a State or Territory who is authorised under a law to issue search warrants. just terms has the same meaning as in paragraph 51(xxxi) of the Constitution. lawyer means: (a) a barrister; or (b) a solicitor; or (c) a barrister and solicitor; or (d) a legal practitioner; of the High Court or of the Supreme Court of a State or Territory. member of the staff of the Regulator means: (a) a person referred to in subsection 170(1); or (b) a person whose services are made available to the National VET Regulator as mentioned in subsection 171(1). Ministerial Council means: (a) if there is a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to training and skills—that body; or (b) otherwise—a body prescribed by the regulations. monitoring powers has the meaning given by section 67. monitoring warrant means a warrant issued under section 85. National Centre for Vocational Education Research means National Centre for Vocational Education Research Ltd (ACN 007 967 311) or any successor of that body. National Register means the register maintained by the Department, or another person prescribed by the regulations, and referred to in section 216. National VET data system has the meaning given by subsection 214B(5). National VET Regulator means the person appointed under subsection 162(1) to the position of the National Vocational Education and Training Regulator referred to in subsection 155(1). non‑referring State has the meaning given by section 7. NVR registered training organisation means a training organisation that is registered by the National VET Regulator as a registered training organisation under this Act. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). penalty unit has the meaning given by section 4AA of the Crimes Act 1914. personal information has the same meaning as in the Privacy Act 1988. person assisting an authorised officer has the meaning given by section 69. premises includes the following: (a) a structure, building, vehicle, vessel or aircraft; (b) a place (whether or no