Section 245AYJ — Migration Act 1958: When a person is subject to a migrant worker sanction—failure to comply with certain compliance notices

Compliance notice in relation to contravention of relevant fair work provision (1) A person (the first person) is subject to a migrant worker sanction if the Minister is satisfied that: (a) an inspector has given the first person a compliance notice under subsection 716(2) of the Fair Work Act 2009 in relation to a contravention of: (i) a provision of the National Employment Standards (within the meaning of that Act); or (ii) a term of a modern award (within the meaning of that Act); or (iii) a term of an enterprise agreement (within the meaning of that Act); or (iv) a term of a workplace determination (within the meaning of that Act); or (v) a term of a national minimum wage order (within the meaning of that Act); or (vi) a term of an equal remuneration order (within the meaning of that Act); and (b) a court has confirmed the compliance notice after reviewing it under subsection 717(1) of that Act; and (c) the contravention related, wholly or partly, to another person who, at the time of the contravention, was a non-citizen (other than the holder of a permanent visa); and (d) the first person has failed to comply with the compliance notice and the first person does not have a reasonable excuse for so failing. (2) A person (the first person) is subject to a migrant worker sanction if the Minister is satisfied that: (a) an inspector has given the first person a compliance notice under subsection 716(2) of the Fair Work Act 2009 in relation to a contravention of: (i) a provision of the National Employment Standards (within the meaning of that Act); or (ii) a term of a modern award (within the meaning of that Act); or (iii) a term of an enterprise agreement (within the meaning of that Act); or (iv) a term of a workplace determination (within the meaning of that Act); or (v) a term of a national minimum wage order (within the meaning of that Act); or (vi) a term of an equal remuneration order (within the meaning of that Act); and (b) all of the following apply: (i) the compliance notice has not been withdrawn; (ii) the first person has not made an application under subsection 717(1) of that Act in relation to the compliance notice; (iii) a court has not cancelled the compliance notice after reviewing it under that subsection; and (c) the contravention related, wholly or partly, to another person who, at the time of the contravention, was a non-citizen (other than the holder of a permanent visa); and (d) the first person has failed to comply with the compliance notice and the first person does not have a reasonable excuse for so failing. Compliance notice in relation to contravention relating to advertisement of rates of pay (3) A person is subject to a migrant worker sanction if the Minister is satisfied that: (a) an inspector has given the person a compliance notice under subsection 716(2) of the Fair Work Act 2009 in relation to a contravention of subsection 536AA(1) or (2) of that Act (employer obligations in relation to advertising rates of pay); and (b) a court has confirmed the compliance notice after reviewing it under subsection 717(1) of that Act; and (c) the person has failed to comply with the compliance notice and the person does not have a reasonable excuse for so failing. (4) A person is subject to a migrant worker sanction if the Minister is satisfied that: (a) an inspector has given the person a compliance notice under subsection 716(2) of the Fair Work Act 2009 in relation to a contravention of subsection 536AA(1) or (2) of that Act (employer obligations in relation to advertising rates of pay); and (b) all of the following apply: (i) the compliance notice has not been withdrawn; (ii) the person has not made an application under subsection 717(1) of that Act in relation to the compliance notice; (iii) a court has not cancelled the compliance notice after reviewing it under that subsection; and (c) the person has failed to comply with the compliance notice and the person does not have a reasonable excuse for so failing.