# Coercing etc. a lawful non-citizen to work— adverse effect on status etc.

> act-s245AAC — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AAC Coercing etc. a lawful non-citizen to work—adverse effect
        on status etc.
          (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 (other than a holder of a
                   permanent visa); 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:
                     (i) there will be an adverse effect on the worker’s status as
                         a lawful non-citizen; or
                    (ii) the worker will be unable to provide information or
                         documents about work the worker has done in Australia
                         that the worker is required, under this Act or the
                         regulations, to provide in connection with a visa held by
                         the worker or an application for a visa by the worker.
               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.