Coercing etc. an unlawful non‑citizen to work—adverse effect on presence in Australia
245AAB Coercing etc. an unlawful non‑citizen to work—adverse effect on presence in Australia
A person (the first person) contravenes this subsection if:
the first person coerces, or exerts undue influence or undue pressure on, another person (the worker) to accept or agree to an arrangement in relation to work; and
the worker is an unlawful non‑citizen; and
the work is done, or is to be done, by the worker in Australia, whether for the first person or someone else; and
the first person’s conduct mentioned in paragraph (a) results in the worker believing that, if the worker does not accept or agree to the arrangement, there will be an adverse effect on the worker’s continued presence in Australia.
For the meaning of arrangement in relation to work, see section 245AGA.
Offence
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.
For the purposes of subsection (2), the fault element for paragraphs (1)(b), (c) and (d) is knowledge or recklessness by the first person.
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
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.
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