Section 245AYG — When a person is subject to a migrant worker sanction—contravention of certain civil penalty provisions etc.

245AYG When a person is subject to a migrant worker sanction— contravention of certain civil penalty provisions etc.

Contravention of certain civil penalty provisions of this Act

(1) A person is subject to a migrant worker sanction if:

(a) a civil penalty order has been made against the person in relation to the contravention of a work-related provision; or

(b) both of the following apply:

(i) a civil penalty order has been made against the person in relation to a contravention of another civil penalty provision prescribed by the regulations;

(ii) the contravention related, wholly or partly, to another person who, at the time of the contravention, was a non-citizen (other than the holder of a permanent visa).

Contravention of certain provisions of relevant workplace law

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

(a) a court has made an order under a relevant workplace law that the person pay a pecuniary penalty for a contravention of a provision of that law; and

(b) the provision is prescribed by the regulations; and

(c) the order was not made in criminal proceedings; and

(d) the contravention related, wholly or partly, to a prescribed person who, at the time of the contravention, was a non-citizen (other than the holder of a permanent visa); and

(e) any circumstances prescribed by the regulations apply in relation to the contravention of the provision.