Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person (the first person ) contravenes this subsection if:
(a) the first person is a prohibited employer at a particular time; and
(b) either:
(i) the first person allows a non - citizen to begin work at that time; or
(ii) the first person has a material role in a decision made by a body corporate or other body to allow a non - citizen to begin work at that time; and
(c) at that time, the non - citizen is either:
(i) an unlawful non - citizen; or
(ii) a lawful non - citizen (other than a holder of a permanent visa).
Offence
(2) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 2 years or 360 penalty units, or both.
(3) For the purposes of subsection (2), the fault element for subparagraph (1)(b)(ii) is intention by the first person.
Civil penalty provision
(4) A person who contravenes subsection (1) is liable to a civil penalty.
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.