# Coercing etc. a lawful non-citizen to work in breach of work-related conditions

> act-s245AAA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AAA Coercing etc. a lawful non-citizen to work in breach of
        work-related conditions
          (1) A person (the first person) contravenes this subsection if:
               (a) the first person coerces, or exerts undue influence or undue
                   pressure on, another person (the worker) to accept or agree to
                   an arrangement in relation to work; and
               (b) the worker is a lawful non-citizen; and
               (c) the work is done, or is to be done, by the worker in Australia,
                   whether for the first person or someone else; and
               (d) the worker holds a visa that is subject to a work-related
                   condition; and
               (e) either:
                     (i) the worker is in breach of the work-related condition
                         solely because of doing the work in accordance with the
                         arrangement; or
                    (ii) the worker would be in breach of the work-related
                         condition if the worker were to do the work in
                         accordance with the arrangement.
               Note:      For the meaning of arrangement in relation to work, see
                          section 245AGA.

               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
              paragraphs (1)(b), (c), (d) and (e) is knowledge or recklessness by
              the first person.

               Civil penalty provision
          (4) 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.