Document ID: chunk:federal_register_of_legislation:C2007A00007:clause:1_245ac
Version: federal_register_of_legislation:C2007A00007
Segment Type: clause
Provision Reference: sch 1 cl 245AC
Character Range: 4986–5965

245AC  Allowing a non‑citizen to work in breach of a visa condition

 (1) A person commits an offence if:
 (a) the person allows, or continues to allow, a person (the worker) to work; and
 (b) the worker is a non‑citizen and the person knows of, or is reckless as to, that circumstance; and
 (c) the worker holds a visa that is subject to a condition restricting the work that the worker may do in Australia, and the person knows of, or is reckless as to, that circumstance; and
 (d) the worker is 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 the worker is being exploited and the person 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.