# Referring a lawful non-citizen for work in breach of a work-related condition

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

5.19K Referring a lawful non-citizen for work in breach of a work-related
         condition
          (1) For paragraph 245AEA(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 245AEA(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 245AEA(1) of the Act does not apply if reasonable steps are taken at
                           reasonable times before the referral to verify that a prospective worker will not be in
                           breach of a work-related condition solely because of doing the work in relation to
                           which he or she is referred, 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.









Division 5.3B—Offences and civil penalties in relation to sponsored
          visas
