# Coercing etc. an unlawful non-citizen to work— adverse effect on presence in Australia

> act-s245AAB — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AAB Coercing etc. an unlawful non-citizen to work—adverse
        effect on presence in Australia
          (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 an unlawful 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 first person’s conduct mentioned in paragraph (a) results
                   in the worker believing that, if the worker does not accept or
                   agree to the arrangement, there will be an adverse effect on
                   the worker’s continued presence in Australia.
               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) and (d) 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.