Section 245AA — Migration Act 1958: 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.