Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245ad
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245AD
Character Range: 667035–668407

245AD  Aggravated offences if a person allows, or continues to allow, another person to work

Allowing an unlawful non‑citizen to work
 (1) A person (the first person) commits an offence if:
 (a) the first person allows, or continues to allow, another person (the worker) to work; and
 (b) the worker is an unlawful non‑citizen; and
 (c) the worker is being exploited; and
 (d) the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (b) and (c).
Note: See section 245AH for when a person is being exploited.
Penalty: Imprisonment for 5 years or 900 penalty units, or both.

Allowing a lawful non‑citizen to work in breach of a work‑related condition
 (2) A person (the first person) commits an offence 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); and
 (e) the worker is being exploited; and
 (f) the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (b), (c), (d) and (e).
Note: See section 245AH for when a person is being exploited.
Penalty: Imprisonment for 5 years or 900 penalty units, or both.