Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 245AA

Overview

  (1)   This Subdivision creates offences, and provides for civil penalties, to deal with the following situations:

  (aa)   where a person coerces, or exerts undue influence or undue pressure on, a lawful non - citizen to accept or agree to an arrangement in relation to work:

  (i)   involving a breach of a work - related condition applying to a visa held by the lawful non - citizen; or

  (ii)   to avoid an adverse effect on the lawful non - citizen's status as a lawful non - citizen; or

  (iii)   to satisfy certain requirements to provide information or documents about work the lawful non - citizen has done in Australia;

  (ab)   where a person coerces, or exerts undue influence or undue pressure on, an unlawful non - citizen to accept or agree to an arrangement in relation to work to avoid an adverse effect on the unlawful non - citizen's continued presence in Australia;

  (a)   where a person allows an unlawful non - citizen to work, or refers an unlawful non - citizen for work;

  (b)   where a person allows a non - citizen to work, or refers a non - citizen for work, in breach of the non - citizen's visa conditions.

  (2)   This Subdivision uses a number of terms that are defined in the following sections:

  (a)   section   14 (defines unlawful non - citizen );

  (b)   section   245AG (defines work and allows to work);

  (ba)   section   245AGA (defines arrangement in relation to work );

  (c)   section   245AH (defines exploited ).

  (3)   To avoid doubt, section   245AF sets out some circumstances in which this Subdivision does not apply.



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