Section 245AA — Overview

245AA Overview

(1) This Subdivision creates offences, and provides for civil penalties, to deal with the following situations:

(aa) where a person coerces, or exerts undue influence or undue pressure on, a lawful non-citizen to accept or agree to an arrangement in relation to work:

(i) involving a breach of a work-related condition applying to a visa held by the lawful non-citizen; or

(ii) to avoid an adverse effect on the lawful non-citizen’s status as a lawful non-citizen; or

(iii) to satisfy certain requirements to provide information or documents about work the lawful non-citizen has done in Australia;

(ab) where a person coerces, or exerts undue influence or undue pressure on, an unlawful non-citizen to accept or agree to an arrangement in relation to work to avoid an adverse effect on the unlawful non-citizen’s continued presence in Australia;

(a) where a person allows an unlawful non-citizen to work, or refers an unlawful non-citizen for work;

(b) where a person allows a non-citizen to work, or refers a non-citizen for work, in breach of the non-citizen’s visa conditions.

(2) This Subdivision uses a number of terms that are defined in the following sections:

(a) section 14 (defines unlawful non-citizen);

(b) section 245AG (defines work and allows to work);

(ba) section 245AGA (defines arrangement in relation to work);

(c) section 245AH (defines exploited).

(3) To avoid doubt, section 245AF sets out some circumstances in which this Subdivision does not apply.