Migration Act 1958

This Subdivision creates offences, and provides for civil penalties, to deal with the following situations:

where a person coerces, or exerts undue influence or undue pressure on, a lawful non‑citizen to accept or agree to an arrangement in relation to work:

involving a breach of a work‑related condition applying to a visa held by the lawful non‑citizen; or

to avoid an adverse effect on the lawful non‑citizen’s status as a lawful non‑citizen; or

to satisfy certain requirements to provide information or documents about work the lawful non‑citizen has done in Australia;

where a person coerces, or exerts undue influence or undue pressure on, an unlawful non‑citizen to accept or agree to an arrangement in relation to work to avoid an adverse effect on the unlawful non‑citizen’s continued presence in Australia;

where a person allows an unlawful non‑citizen to work, or refers an unlawful non‑citizen for work;

where a person allows a non‑citizen to work, or refers a non‑citizen for work, in breach of the non‑citizen’s visa conditions.

This Subdivision uses a number of terms that are defined in the following sections:

section 14 (defines unlawful non‑citizen);

section 245AG (defines work and allows to work);

section 245AGA (defines arrangement in relation to work);

section 245AH (defines exploited).

To avoid doubt, section 245AF sets out some circumstances in which this Subdivision does not apply.