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

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).

Note: See section 245AH for when a person is being exploited.

Penalty: Imprisonment for 5 years or 900 penalty units, or both.

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).

Note: See section 245AH for when a person is being exploited.

Penalty: Imprisonment for 5 years or 900 penalty units, or both.