# Allowing a lawful non-citizen to work in breach of a work-related condition

> act-s245AC — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AC Allowing a lawful non-citizen to work in breach of a
         work-related condition
          (1) A person (the first person) contravenes this subsection if:
               (a) the first person allows, or continues to allow, another person
                   (the worker) to work; and
               (b) the worker is a lawful non-citizen; and
               (c) the worker holds a visa that is subject to a work-related
                   condition; and
               (d) the worker is in breach of the work-related condition solely
                   because of doing the work referred to in paragraph (a).
          (2) Subsection (1) does not apply if the first person takes reasonable
              steps at reasonable times to verify that the worker is not in breach
              of the work-related condition solely because of doing the work
              referred to in paragraph (1)(a), including (but not limited to) either
              of the following steps:
                (a) using a computer system prescribed by the regulations to
                    verify that matter;
                (b) doing any one or more things prescribed by the regulations.










               Offence
          (3) A person commits an offence if the person contravenes
              subsection (1). The physical elements of the offence are set out in
              that subsection.
               Note:      A defendant bears an evidential burden in relation to the matter in
                          subsection (2) (see subsection 13.3(3) of the Criminal Code).

               Penalty: Imprisonment for 2 years or 360 penalty units, or both.
          (4) For the purposes of subsection (3), the fault element for
              paragraphs (1)(b), (c) and (d) is knowledge or recklessness by the
              first person.

               Civil penalty provision
          (5) 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.
          (6) A person who wishes to rely on subsection (2) in proceedings for a
              civil penalty order bears an evidential burden in relation to the
              matter in that subsection.