Document ID: chunk:federal_register_of_legislation:C2024A00001:clause:1_245ayf
Version: federal_register_of_legislation:C2024A00001
Segment Type: clause
Provision Reference: sch 1 cl 245AYF
Character Range: 15009–16556

245AYF  When a person is subject to a migrant worker sanction—conviction of work‑related offence etc.

Conviction of work‑related offence
 (1) A person is subject to a migrant worker sanction if the person is convicted of a work‑related offence.

Conviction of certain offences against humanity
 (2) A person is subject to a migrant worker sanction if the Minister is satisfied that:
 (a) the person has been convicted of an offence against the following provisions of the Criminal Code:
 (i) Division 270 (other than section 270.7B or section 270.8 to the extent an offence against that section relates to an offence against section 270.7B);
 (ii) Division 271 (other than Subdivision BA); and
 (b) the person engaged in the relevant conduct in Australia; and
 (c) the offence related, wholly or partly, to another person who, at the time the relevant conduct was engaged in, was a non‑citizen (other than the holder of a permanent visa).

Conviction of certain offences against the Fair Work Act 2009 etc.
 (3) A person is subject to a migrant worker sanction if the Minister is satisfied that:
 (a) the person has been convicted of an offence against the Fair Work Act 2009, or a relevant workplace law, that is an offence of a kind prescribed by the regulations; and
 (b) the offence related, wholly or partly, to a prescribed person who, at the time the relevant conduct was engaged in, was a non‑citizen (other than the holder of a permanent visa); and
 (c) any circumstances prescribed by the regulations apply in relation to the offence.