Aggravated offences if a person refers another person to a third person for work
245AEB Aggravated offences if a person refers another person to a third person for work
Referring an unlawful non‑citizen for work
A person (the first person) commits an offence if:
the first person operates a service, whether for reward or otherwise, referring other persons to third persons for work; and
the first person refers another person (the prospective worker) to a third person for work; and
at the time of the referral, the prospective worker is an unlawful non‑citizen; and
the prospective worker will be exploited in doing that work, or any other work, for the third person; and
the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (c) and (d).
See section 245AH for when a person will be exploited.
Penalty: Imprisonment for 5 years or 900 penalty units, or both.
Referring a lawful non‑citizen for work in breach of a work‑related condition
A person (the first person) commits an offence if:
the first person operates a service, whether for reward or otherwise, referring other persons to third persons for work; and
the first person refers another person (the prospective worker) to a third person for work; and
at the time of the referral:
the prospective worker is a lawful non‑citizen; and
the prospective worker holds a visa that is subject to a work‑related condition; and
the prospective worker will be in breach of the work‑related condition solely because of doing the work in relation to which he or she is referred; and
the prospective worker will be exploited in doing the work in relation to which he or she is referred, or in doing any other work, for the third person; and
the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (c) and (d).
See section 245AH for when a person will be exploited.
Penalty: Imprisonment for 5 years or 900 penalty units, or both.
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