Commonwealth Numbered Acts Commonwealth Numbered Acts
1 After paragraph 15Y(ca)
Insert:
(cb) an aggravated offence against Subdivision C of Division 12 of Part 2 of the Migration Act 1958 .
2 At the end of subsection 235(1)
Add:
Note: Subdivision C of this Division also contains offences relating to work by a non‑citizen in breach of a visa condition.
3 At the end of subsection 235(3)
Add:
Note: Subdivision C of this Division also contains offences relating to work by an unlawful non‑citizen.
4 At the end of section 235
Add:
(7) To avoid doubt, for the purposes of this section, a reference in a visa, and the reference in subsection (3), to the performance of any work in Australia by a person, does not refer to engaging in:
(a) an activity in which a person who is a detainee in immigration detention voluntarily engages where the activity is of a kind approved in writing by the Secretary for the purposes of this paragraph; or
(b) an activity in which a person who is a prisoner in a prison or remand centre of the Commonwealth, a State or a Territory engages as a prisoner; or
(c) an activity in which a person engages in compliance with:
(i) a sentence passed, or an order made, under subsection 20AB(1) of the Crimes Act 1914 (community service orders etc.); or
(ii) a community service order, a work order, a sentence of periodic detention, an attendance centre order, a sentence of weekend detention, an attendance order, or a similar sentence or order, passed or made under the law of a State or Territory.
5 Application
The amendment made by item 4 of this Schedule applies to activities engaged in on or after the commencement of this Schedule.
[ Minister's second reading speech made in--
Senate on 29 March 2006
House of Representatives on 29 November 2006 ]
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