Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person (the first person ) contravenes this subsection if:
(a) the first person allows, or continues to allow, another person (the worker ) to work; and
(b) the worker is an unlawful non - citizen.
(2) Subsection (1) does not apply if the first person takes reasonable steps at reasonable times to verify that the worker is not an unlawful non - citizen, including (but not limited to) either of the following steps:
(a) using a computer system prescribed by the regulations to verify that matter;
(b) doing any one or more things prescribed by the regulations.
(3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
Penalty: Imprisonment for 2 years or 360 penalty units, or both.
(4) For the purposes of subsection (3), the fault element for paragraph (1)(b) is knowledge or recklessness by the first person.
(5) A person is liable to a civil penalty if the person contravenes subsection (1).
Note: It is not necessary to prove a person's state of mind in proceedings for a civil penalty order (see section 486ZF).
Civil penalty: 240 penalty units.
(6) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.