Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245ayk:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245AYK (pt 1/2)
Character Range: 730498–733235

245AYK  Declaration of person as prohibited employer
 (1) The Minister may, in writing, declare a person to be a prohibited employer for a period if:
 (a) the person is subject to a migrant worker sanction under a particular provision of this Subdivision; and
 (b) the period of 5 years starting on the day the person became subject to a migrant worker sanction under that provision has not ended.
Note: A person may be subject to a migrant worker sanction under more than one provision of this Subdivision or subject to a migrant worker sanction multiple times under a single such provision. There is a separate 5 year period each time the person becomes subject to a migrant worker sanction.
 (2) A declaration made under subsection (1) is not a legislative instrument.
Note: A declaration made under subsection (1) can be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.

Process before making declaration
 (3) Before the Minister declares a person to be a prohibited employer for a period, the Minister must give the person a written notice:
 (a) stating that the Minister proposes to make such a declaration and the reasons for it; and
 (b) inviting the person to make a written submission to the Minister, within the period covered by subsection (4), setting out reasons why the Minister should not make the declaration.
 (4) The period covered by this subsection is whichever of the following periods ends later:
 (a) the period ending 28 days after the day the person is given notice by the Minister under subsection (3);
 (b) if a period is stated in that notice for the making of a written submission—the period stated.
 (5) In making a decision about whether to declare a person (the first person) to be a prohibited employer for a period, the Minister must consider:
 (a) any written submission made by the first person under subsection (3) that is received by the Minister within the period covered by subsection (4); and
 (b) the nature and severity of the non‑compliance (the relevant non‑compliance) to which the migrant worker sanction relates; and
 (c) the impact the relevant non‑compliance has had on:
 (i) the non‑citizen to whom the migrant worker sanction relates; and
 (ii) any other individuals affected by the non‑compliance; and
 (iii) the relevant industry, including impact on the reputation of the industry, economic repercussions and any other relevant issues that may have an impact on the operations of the industry; and
 (d) whether the relevant non‑compliance was intentional, reckless or inadvertent; and
 (e) the likely impact making the declaration would have on:
 (i) other persons employed by the first person; and
 (ii) services in the community provided by the first