Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 245AD

Allowing an unlawful non - citizen to work

  (1)   A person (the first person ) commits an offence if:

  (a)   the first person allows, or continues to allow, another person (the worker ) to work; and

  (b)   the worker is an unlawful non - citizen; and

  (c)   the worker is being exploited; and

  (d)   the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs   (b) and (c).

Note:   See section   245AH for when a person is being exploited .

Penalty:   Imprisonment for 5 years or 900 penalty units, or both.

Allowing a lawful non - citizen to work in breach of a work - related condition

  (2)   A person (the first person ) commits an offence if:

  (a)   the first person allows, or continues to allow, another person (the worker ) to work; and

  (b)   the worker is a lawful non - citizen; and

  (c)   the worker holds a visa that is subject to a work - related condition; and

  (d)   the worker is in breach of the work - related condition solely because of doing the work referred to in paragraph   (a); and

  (e)   the worker is being exploited; and

  (f)   the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs   (b), (c), (d) and (e).

Note:   See section   245AH for when a person is being exploited .

Penalty:   Imprisonment for 5 years or 900 penalty units, or both.