# Referring an unlawful non-citizen for work

> reg-5.19J — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

5.19J Referring an unlawful non-citizen for work
          (1) For paragraph 245AE(2)(a) of the Act, the computer system operated by the
              Department, and known as “Visa Entitlement Verification Online”, or “VEVO”,
              is prescribed.









          (2) For paragraph 245AE(2)(b) of the Act, each of the following is a prescribed
              thing:
                (a) the entry into a contract under which a party to the contract performs the
                     function of verifying that a person has, or will have, the required
                     permission to work in Australia (however that is described in the contract);
                (b) the inspection of:
                       (i) a document that appears to be the prospective worker’s Australian
                           passport; or
                      (ii) a document that appears to be the prospective worker’s New Zealand
                           passport; or
                     (iii) a document that appears to be the prospective worker’s Australian
                           certificate of citizenship, accompanied by a form of identification
                           featuring a photograph of the prospective worker; or
                     (iv) a document that appears to be a certificate of evidence of the
                           prospective worker’s Australian citizenship, accompanied by a form
                           of identification featuring a photograph of the prospective worker; or
                      (v) a document that appears to be the prospective worker’s Australian
                           birth certificate, accompanied by a form of identification featuring a
                           photograph of the prospective worker; or
                     (vi) a document that appears to be a Certificate of Evidence of Resident
                           Status for the prospective worker, accompanied by a form of
                           identification featuring a photograph of the prospective worker; or
                    (vii) a document that appears to be a Certificate of Status for New Zealand
                           Citizens in Australia for the prospective worker, accompanied by a
                           form of identification featuring a photograph of the prospective
                           worker.
               Example: An example of a form of identification is a driver’s licence.
               Note:      Subsection 245AE(1) of the Act does not apply if reasonable steps are taken at
                          reasonable times before the referral to verify that a prospective worker is not an
                          unlawful non-citizen, 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.
