Document ID: chunk:federal_register_of_legislation:C2024A00001:clause:1_245ayl
Version: federal_register_of_legislation:C2024A00001
Segment Type: clause
Provision Reference: sch 1 cl 245AYL
Character Range: 32962–34153

245AYL  Prohibition on allowing additional non‑citizens to begin work
 (1) A person (the first person) contravenes this subsection if:
 (a) the first person is a prohibited employer at a particular time; and
 (b) either:
 (i) the first person allows a non‑citizen to begin work at that time; or
 (ii) the first person has a material role in a decision made by a body corporate or other body to allow a non‑citizen to begin work at that time; and
 (c) at that time, the non‑citizen is either:
 (i) an unlawful non‑citizen; or
 (ii) a lawful non‑citizen (other than a holder of a permanent visa).

Offence
 (2) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 2 years or 360 penalty units, or both.
 (3) For the purposes of subsection (2), the fault element for subparagraph (1)(b)(ii) is intention by the first person.

Civil penalty provision
 (4) A person who contravenes subsection (1) is liable to a civil penalty.
Note: It is not necessary to prove a person's state of mind in proceedings for a civil penalty order (see section 486ZF).
Civil penalty: 240 penalty units.