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MIGRATION ACT 1958 - SECT 245AEB

Aggravated offences if a person refers another person to a third person for work

Referring an unlawful non-citizen for work

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

                     (a)  the first person operates a service, whether for reward or otherwise, referring other persons to third persons for work; and

                     (b)  the first person refers another person (the prospective worker ) to a third person for work; and

                     (c)  at the time of the referral, the prospective worker is an unlawful non-citizen; and

                     (d)  the prospective worker will be exploited in doing that work, or any other work, for the third person; and

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

Penalty:  5 years imprisonment.

Note:          See section 245AH for when a person will be exploited .

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

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

                     (a)  the first person operates a service, whether for reward or otherwise, referring other persons to third persons for work; and

                     (b)  the first person refers another person (the prospective worker ) to a third person for work; and

                     (c)  at the time of the referral:

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

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

                            (iii)  the prospective worker will be in breach of the work-related condition solely because of doing the work in relation to which he or she is referred; and

                     (d)  the prospective worker will be exploited in doing the work in relation to which he or she is referred, or in doing any other work, for the third person; and

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

Penalty:  5 years imprisonment.

Note:          See section 245AH for when a person will be exploited .



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