Section 245AYF — When a person is subject to a migrant worker sanction—conviction of work-related offence etc.

245AYF When a person is subject to a migrant worker sanction— conviction of work-related offence etc.

Conviction of work-related offence

(1) A person is subject to a migrant worker sanction if the person is convicted of a work-related offence.

Conviction of certain offences against humanity

(2) A person is subject to a migrant worker sanction if the Minister is satisfied that:

(a) the person has been convicted of an offence against the following provisions of the Criminal Code:

(i) Division 270 (other than section 270.7B or section 270.8 to the extent an offence against that section relates to an offence against section 270.7B);

(ii) Division 271 (other than Subdivision BA); and

(b) the person engaged in the relevant conduct in Australia; and

(c) the offence related, wholly or partly, to another person who, at the time the relevant conduct was engaged in, was a non-citizen (other than the holder of a permanent visa).

Conviction of certain offences against the Fair Work Act 2009 etc.

(3) A person is subject to a migrant worker sanction if the Minister is satisfied that:

(a) the person has been convicted of an offence against the Fair Work Act 2009, or a relevant workplace law, that is an offence of a kind prescribed by the regulations; and

(b) the offence related, wholly or partly, to a prescribed person who, at the time the relevant conduct was engaged in, was a non-citizen (other than the holder of a permanent visa); and

(c) any circumstances prescribed by the regulations apply in relation to the offence.