Section 245AYL — Migration Act 1958: Prohibition on allowing additional non-citizens to begin work

(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.