# Aggravated offences if a person allows, or continues to allow, another person to work

> act-s245AD — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AD Aggravated offences if a person allows, or continues to allow,
        another person to work

               Allowing an unlawful non-citizen to work
          (1) A person (the first person) commits an offence if:
               (a) the first person allows, or continues to allow, another person
                   (the worker) to work; and
               (b) the worker is an unlawful non-citizen; and
               (c) the worker is being exploited; and
               (d) the first person knows of, or is reckless as to, the
                   circumstances mentioned in paragraphs (b) and (c).








               Note:      See section 245AH for when a person is being exploited.

               Penalty: Imprisonment for 5 years or 900 penalty units, or both.

               Allowing a lawful non-citizen to work in breach of a work-related
               condition
          (2) A person (the first person) commits an offence 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); and
               (e) the worker is being exploited; and
                (f) the first person knows of, or is reckless as to, the
                    circumstances mentioned in paragraphs (b), (c), (d) and (e).
               Note:      See section 245AH for when a person is being exploited.

               Penalty: Imprisonment for 5 years or 900 penalty units, or both.