# Prohibition on allowing additional non-citizens to begin work

> act-s245AYL — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

245AYL Prohibition on allowing additional non-citizens to begin
        work
          (1) A person (the first person) contravenes this subsection if:
               (a) the first person is a prohibited employer at a particular time;
                   and
               (b) either:
                     (i) the first person allows a non-citizen to begin work at
                         that time; or
                    (ii) the first person has a material role in a decision made by
                         a body corporate or other body to allow a non-citizen to
                         begin work at that time; and
               (c) at that time, the non-citizen is either:
                     (i) an unlawful non-citizen; or
                    (ii) a lawful non-citizen (other than a holder of a permanent
                         visa).









               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
              subparagraph (1)(b)(ii) is intention by the first person.

               Civil penalty provision
          (4) A person who contravenes subsection (1) is liable to a civil
              penalty.
               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.