Section 245AD

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Civil liability Coercive, unfair or deceptive recruitment Employment contracts Forced labour Immigration status Minimum wage Poor working conditions

A person commits an aggravated offence when they allow, or continue to allow:
(a) a non-citizen who does not have a visa to work, and the worker is being exploited (see section 245AH for definition of exploited); or
(b) a non-citizen who does have a visa, to work in breach of that visa, and the worker is being exploited.
To be guilty of this offence, the person must have knowledge of, or be reckless about, the exploitation of the worker and the fact that the worker is a non-citizen working without a visa, or a non-citizen with a visa who is working in breach of their visa. This section has a penalty provision of five years’ imprisonment.

Notes

This section does not create an offence when a person allows a non-citizen who has a visa to work, and that non-citizen is exploited but is working in accordance with the visa conditions.

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245AD  Aggravated offences if a person allows, or continues to allow, another person to work

Allowing an unlawful non‑citizen to work

(1)  A person (the first person) commits an offence if:
(a)  the first person allows, or continues to allow, another person (the worker) to work; and
(b)  the worker is an unlawful non‑citizen; and
(c)  the worker is being exploited; and
(d)  the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (b) and (c).

Penalty:  5 years imprisonment.

Allowing a lawful non‑citizen to work in breach of a work‑related condition

(2)  A person (the first person) commits an offence if:
(a)  the first person allows, or continues to allow, another person (the worker) to work; and
(b)  the worker is a lawful non‑citizen; and
(c)  the worker holds a visa that is subject to a work‑related condition; and
(d)  the worker is in breach of the work‑related condition solely because of doing the work referred to in paragraph (a); and
(e)  the worker is being exploited; and
(f)  the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (b), (c), (d) and (e).
Penalty:  5 years imprisonment.

Law / 14th October 2003 / Australia / Migration Act 1958 (Cth)

The Migration Act is a mechanism governing immigration to Australia. The Act relates to the entry into, and presence in, Australia of foreigners, and their departure or deportation from Australia.