Migration Act 1958

The objects of this Subdivision are as follows:

to protect, to the extent possible, non‑citizens (other than holders of permanent visas) from being exploited, or further exploited, by employers;

to ensure that such non‑citizens are not exposed to employers or workplaces that have engaged in serious, deliberate or repeated non‑compliance with certain laws;

to ensure that non‑compliance is dealt with in a way that considers the impact of any sanctions on such non‑citizens, the employer and the community as a whole.

This Subdivision aims to achieve its objects by:

empowering the Minister to declare persons to be prohibited employers; and

requiring the Minister to ensure that imposing such a prohibition, including the duration of such a prohibition, is proportionate to the person’s misconduct; and

requiring the Minister to consider the impact on non‑citizens (other than holders of permanent visas) of making such a declaration; and

encouraging employers to demonstrate their ability to:

remediate their non‑compliance; and

comply with the law relating to migrant worker sanctions in the future.