Section 245AYC — Meaning of allows a non-citizen to begin work

245AYC Meaning of allows a non-citizen to begin work

(1) A person allows a non-citizen to begin work at a particular time if, and only if:

(a) the person employs the non-citizen by entering into a contract of service at that time; or

(b) the person engages the non-citizen by entering into a contract for services at that time; or

(c) the person begins at that time to participate in an arrangement, or any arrangement included in a series of arrangements, for the performance of work by the non-citizen for:

(i) the person; or

(ii) another participant in the arrangement or any such arrangement; or

(d) the person enters into a contract at that time to bail or license a chattel to the non-citizen or another person with the intention that the non-citizen will use the chattel to perform a transportation service; or

(e) the person enters into a contract at that time to lease or license premises, or a space within premises, to the non-citizen or another person with the intention that the

non-citizen will use the premises or space to perform sexual services (within the meaning of the Criminal Code); or

(f) the prescribed circumstances exist at that time.

Note: Other parts of speech and grammatical forms of “allows a non-citizen to begin work” (for example, “the non-citizen is allowed to begin work”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).

(2) In paragraph (1)(e): premises means:

(a) an area of land or any other place, whether or not it is enclosed or built on; or

(b) a building or other structure; or

(c) a vehicle or vessel.