Migration Act 1958

This section applies if:

a person was a prohibited employer for a particular period (the prohibition period); and

the person allows a non‑citizen to begin work on a particular day (the start day) during the 12‑month period starting on the day after the prohibition period ends; and

the non‑citizen is a lawful non‑citizen (other than the holder of a permanent visa).

The person must, before the end of the 28‑day period starting on the start day, give the Department a written notice that:

sets out the name of the non‑citizen; and

specifies the kind of visa held by the non‑citizen; and

specifies the work to be done by the non‑citizen; and

if the non‑citizen holds a visa that is subject to one or more work‑related conditions:

sets out each of those conditions; and

states that the non‑citizen will not be in breach of those conditions solely because of doing that work; and

sets out any other prescribed information.

A person is liable to a civil penalty if the person contravenes subsection (2).

It is not necessary to prove a person’s state of mind in proceedings for a civil penalty order (see section 486ZF).

Before the Governor‑General makes a regulation for the purposes of paragraph (2)(e) prescribing information that is personal information about an individual, the Minister must be satisfied that the information is reasonably necessary for monitoring compliance with Subdivisions C, E or F of this Division.