Section 245AYL — Prohibition on allowing additional non-citizens to begin work

245AYL Prohibition on allowing additional non-citizens to begin work

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

(a) the first person is a prohibited employer at a particular time; and

(b) either:

(i) the first person allows a non-citizen to begin work at that time; or

(ii) the first person has a material role in a decision made by a body corporate or other body to allow a non-citizen to begin work at that time; and

(c) at that time, the non-citizen is either:

(i) an unlawful non-citizen; or

(ii) a lawful non-citizen (other than a holder of a permanent visa).

Offence

(2) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Penalty: Imprisonment for 2 years or 360 penalty units, or both.

(3) For the purposes of subsection (2), the fault element for subparagraph (1)(b)(ii) is intention by the first person.

Civil penalty provision

(4) A person who contravenes subsection (1) is liable to a civil penalty. 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.