Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 245AC

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

             (1)  A person (the first person ) contravenes this subsection 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).

             (2)  Subsection (1) does not apply if the first person takes reasonable steps at reasonable times to verify that the worker is not in breach of the work-related condition solely because of doing the work referred to in paragraph (1)(a), 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.

Offence

             (3)  A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.

Penalty:  2 years imprisonment.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

             (4)  For the purposes of subsection (3), the fault element for paragraphs (1)(b), (c) and (d) is knowledge or recklessness by the first person.

Civil penalty provision

             (5)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          90 penalty units.

Note:          It is not necessary to prove a person's state of mind in proceedings for a civil penalty order (see section 486ZF).

             (6)  A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.



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