# When a person is subject to a migrant worker sanction—conviction of work-related offence etc.

> act-s245AYF — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AYF When a person is subject to a migrant worker sanction—
        conviction of work-related offence etc.

               Conviction of work-related offence
          (1) A person is subject to a migrant worker sanction if the person is
              convicted of a work-related offence.

               Conviction of certain offences against humanity
          (2) A person is subject to a migrant worker sanction if the Minister is
              satisfied that:
                (a) the person has been convicted of an offence against the
                     following provisions of the Criminal Code:
                       (i) Division 270 (other than section 270.7B or
                           section 270.8 to the extent an offence against that
                           section relates to an offence against section 270.7B);
                      (ii) Division 271 (other than Subdivision BA); and
                (b) the person engaged in the relevant conduct in Australia; and
                (c) the offence related, wholly or partly, to another person who,
                     at the time the relevant conduct was engaged in, was a
                     non-citizen (other than the holder of a permanent visa).

               Conviction of certain offences against the Fair Work Act 2009 etc.
          (3) A person is subject to a migrant worker sanction if the Minister is
              satisfied that:









                 (a) the person has been convicted of an offence against the Fair
                     Work Act 2009, or a relevant workplace law, that is an
                     offence of a kind prescribed by the regulations; and
                 (b) the offence related, wholly or partly, to a prescribed person
                     who, at the time the relevant conduct was engaged in, was a
                     non-citizen (other than the holder of a permanent visa); and
                 (c) any circumstances prescribed by the regulations apply in
                     relation to the offence.