# Aggravated offences if a person refers another person to a third person for work

> act-s245AEB — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AEB Aggravated offences if a person refers another person to a
        third person for work

               Referring an unlawful non-citizen for work
          (1) A person (the first person) commits an offence if:
               (a) the first person operates a service, whether for reward or
                   otherwise, referring other persons to third persons for work;
                   and
               (b) the first person refers another person (the prospective
                   worker) to a third person for work; and
               (c) at the time of the referral, the prospective worker is an
                   unlawful non-citizen; and
               (d) the prospective worker will be exploited in doing that work,
                   or any other work, for the third person; and
               (e) the first person knows of, or is reckless as to, the
                   circumstances mentioned in paragraphs (c) and (d).
               Note:      See section 245AH for when a person will be exploited.

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

               Referring a lawful non-citizen for work in breach of a work-related
               condition
          (2) A person (the first person) commits an offence if:
               (a) the first person operates a service, whether for reward or
                   otherwise, referring other persons to third persons for work;
                   and
               (b) the first person refers another person (the prospective
                   worker) to a third person for work; and
               (c) at the time of the referral:
                     (i) the prospective worker is a lawful non-citizen; and









                      (ii) the prospective worker holds a visa that is subject to a
                           work-related condition; and
                     (iii) the prospective worker will be in breach of the
                           work-related condition solely because of doing the work
                           in relation to which he or she is referred; and
                 (d) the prospective worker will be exploited in doing the work in
                     relation to which he or she is referred, or in doing any other
                     work, for the third person; and
                 (e) the first person knows of, or is reckless as to, the
                     circumstances mentioned in paragraphs (c) and (d).
               Note:      See section 245AH for when a person will be exploited.

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