Section 245AAA — Coercing etc. a lawful non-citizen to work in breach of work-related conditions

245AAA Coercing etc. a lawful non-citizen to work in breach of work-related conditions

(1) A person (the first person) contravenes this subsection if:

(a) the first person coerces, or exerts undue influence or undue pressure on, another person (the worker) to accept or agree to an arrangement in relation to work; and

(b) the worker is a lawful non-citizen; and

(c) the work is done, or is to be done, by the worker in Australia, whether for the first person or someone else; and

(d) the worker holds a visa that is subject to a work-related condition; and

(e) either:

(i) the worker is in breach of the work-related condition solely because of doing the work in accordance with the arrangement; or

(ii) the worker would be in breach of the work-related condition if the worker were to do the work in accordance with the arrangement.

Note: For the meaning of arrangement in relation to work, see section 245AGA.

Offence

(2) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Penalty: Imprisonment for 2 years or 360 penalty units, or both.

(3) For the purposes of subsection (2), the fault element for paragraphs (1)(b), (c), (d) and (e) is knowledge or recklessness by the first person.

Civil penalty provision

(4) A person is liable to a civil penalty if the person contravenes subsection (1).

Note: It is not necessary to prove a person’s state of mind in proceedings for a civil penalty order (see section 486ZF).

Civil penalty: 240 penalty units.