Section 245AEA — Referring a lawful non-citizen for work in breach of a work-related condition

245AEA Referring a lawful non-citizen for work in breach of a work-related condition

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

(a) the first person operates a service, whether for reward or otherwise, referring other persons to third persons for work; and

(b) the first person refers another person (the prospective worker) to a third person for work; and

(c) at the time of the referral:

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

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

(iii) the prospective worker will be in breach of the work-related condition solely because of doing the work in relation to which he or she is referred.

(2) Subsection (1) does not apply if the first person takes reasonable steps at reasonable times before the referral to verify that the prospective worker will not be in breach of the work-related condition solely because of doing the work in relation to which he or she is referred, including (but not limited to) either of the following steps:

(a) using a computer system prescribed by the regulations to verify that matter;

(b) doing any one or more things prescribed by the regulations.

Offence

(3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Penalty: Imprisonment for 2 years or 360 penalty units, or both.

(4) For the purposes of subsection (3), the fault element for paragraph (1)(c) is knowledge or recklessness by the first person.

Civil penalty provision

(5) 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.

(6) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.