Document ID: chunk:federal_register_of_legislation:C2007A00007:clause:1_245ae
Version: federal_register_of_legislation:C2007A00007
Segment Type: clause
Provision Reference: sch 1 cl 245AE
Character Range: 6976–8414

245AE  Referring a non‑citizen for work in breach of a visa condition

 (1) A person commits an offence if:
 (a) the person operates a service, whether for reward or otherwise, referring one person to another for work; and
 (b) the person refers a person (the prospective worker) to another for work; and
 (c) at the time of the referral;
 (i) the prospective worker is a non‑citizen and the person knows of, or is reckless as to, that circumstance; and
 (ii) the prospective worker holds a visa that is subject to a condition restricting the work that the prospective worker may do in Australia, and the person knows of, or is reckless as to, that circumstance; and
 (iii) the prospective worker will, in doing the work in relation to which he or she was referred, be in breach of the condition and the person knows of, or is reckless as to, that circumstance.

 (2) An offence against subsection (1) is an aggravated offence if:
 (a) the prospective worker will be exploited in doing the work in relation to which he or she is referred, or in doing any other work for the person to whom he or she is referred; and
 (b) the person operating the referral service knows of, or is reckless as to, that circumstance.

 (3) An offence against this section is punishable on conviction by whichever of the following applies:
 (a) in the case of an aggravated offence—imprisonment for 5 years;
 (b) in any other case—imprisonment for 2 years.