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MIGRATION REGULATIONS 1994 - REG 5.19G

Allowing an unlawful non - citizen to work

  (1)   For paragraph   245AB(2)(a) of the Act, the computer system operated by the Department, and known as "Visa Entitlement Verification Online", or "VEVO", is prescribed.

  (2)   For paragraph   245AB(2)(b) of the Act, each of the following is a prescribed thing:

  (a)   the entry into a contract under which a party to the contract performs either or both of the following functions:

  (i)   verifying that a person has the required permission to work in Australia (however that is described in the contract);

  (ii)   supplying persons who have the required permission to work in Australia (however that is described in the contract);

  (b)   the inspection of:

  (i)   a document that appears to be the worker's Australian passport; or

  (ii)   a document that appears to be the worker's New Zealand passport; or

  (iii)   a document that appears to be the worker's Australian certificate of citizenship, accompanied by a form of identification featuring a photograph of the worker; or

  (iv)   a document that appears to be a certificate of evidence of the worker's Australian citizenship, accompanied by a form of identification featuring a photograph of the worker; or

  (v)   a document that appears to be the worker's Australian birth certificate, accompanied by a form of identification featuring a photograph of the worker; or

  (vi)   a document that appears to be a Certificate of Evidence of Resident Status for the worker, accompanied by a form of identification featuring a photograph of the worker; or

  (vii)   a document that appears to be a Certificate of Status for New Zealand Citizens in Australia for the worker, accompanied by a form of identification featuring a photograph of the worker.

Example:   An example of a form of identification is a driver's licence.

Note:   Subsection   245AB(1) of the Act does not apply if reasonable steps are taken at reasonable times to verify that a worker is not an unlawful non - citizen, including (but not limited to) either of the following steps:

(a)   using a computer system prescribed by the regulations to verify that matter;

(b)   doing any one or more things prescribed by the regulations.


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