Aggravated offences if a person allows, or continues to allow, another person to work
245AD Aggravated offences if a person allows, or continues to allow, another person to work
Allowing an unlawful non‑citizen to work
A person (the first person) commits an offence if:
the first person allows, or continues to allow, another person (the worker) to work; and
the worker is an unlawful non‑citizen; and
the worker is being exploited; and
the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (b) and (c).
See section 245AH for when a person is being exploited.
Penalty: Imprisonment for 5 years or 900 penalty units, or both.
Allowing a lawful non‑citizen to work in breach of a work‑related condition
A person (the first person) commits an offence if:
the first person allows, or continues to allow, another person (the worker) to work; and
the worker is a lawful non‑citizen; and
the worker holds a visa that is subject to a work‑related condition; and
the worker is in breach of the work‑related condition solely because of doing the work referred to in paragraph (a); and
the worker is being exploited; and
the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (b), (c), (d) and (e).
See section 245AH for when a person is being exploited.
Penalty: Imprisonment for 5 years or 900 penalty units, or both.
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