Document ID: chunk:federal_register_of_legislation:C2024A00001:clause:1_245ayj:p2
Version: federal_register_of_legislation:C2024A00001
Segment Type: clause
Provision Reference: sch 1 cl 245AYJ (pt 2/2)
Character Range: 25831–27630

after reviewing it under that subsection; and
 (c) the contravention related, wholly or partly, to another person who, at the time of the contravention, was a non‑citizen (other than the holder of a permanent visa); and
 (d) the first person has failed to comply with the compliance notice and the first person does not have a reasonable excuse for so failing.

Compliance notice in relation to contravention relating to advertisement of rates of pay
 (3) A person is subject to a migrant worker sanction if the Minister is satisfied that:
 (a) an inspector has given the person a compliance notice under subsection 716(2) of the Fair Work Act 2009 in relation to a contravention of subsection 536AA(1) or (2) of that Act (employer obligations in relation to advertising rates of pay); and
 (b) a court has confirmed the compliance notice after reviewing it under subsection 717(1) of that Act; and
 (c) the person has failed to comply with the compliance notice and the person does not have a reasonable excuse for so failing.
 (4) A person is subject to a migrant worker sanction if the Minister is satisfied that:
 (a) an inspector has given the person a compliance notice under subsection 716(2) of the Fair Work Act 2009 in relation to a contravention of subsection 536AA(1) or (2) of that Act (employer obligations in relation to advertising rates of pay); and
 (b) all of the following apply:
 (i) the compliance notice has not been withdrawn;
 (ii) the person has not made an application under subsection 717(1) of that Act in relation to the compliance notice;
 (iii) a court has not cancelled the compliance notice after reviewing it under that subsection; and
 (c) the person has failed to comply with the compliance notice and the person does not have a reasonable excuse for so failing.