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MIGRATION REGULATIONS 1994 - REG 5.19K

Referring a lawful non - citizen for work in breach of a work - related condition

  (1)   For paragraph   245AEA(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   245AEA(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 the function of verifying that a person has, or will 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 prospective worker's Australian passport; or

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

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

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

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

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

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

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

Note:   Subsection   245AEA(1) of the Act does not apply if reasonable steps are taken at reasonable times before the referral to verify that a prospective worker will not be in breach of a work - related condition solely because of doing the work in relation to which he or she is referred, 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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