Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 237 — Reason for Subdivision
This Subdivision was enacted because: (a) under the regulations, a person satisfies a criterion for certain visas that give, or might lead to, authorisation for the person’s permanent residence in…
Section 238 — Interpretation
In this Subdivision: criterion includes part of a criterion. preliminary visa, means a visa that is usually applied for by persons applying, or intending to apply, for a permanent visa. stay visa…
Section 239 — Application of Subdivision
(1) This Subdivision applies in and outside Australia. (2) This Subdivision applies to marriages solemnized outside Australia as well as those solemnized in Australia.
Section 240 — Offence to arrange marriage to obtain permanent residence
(1) A person must not arrange a marriage between other persons with the intention of assisting one of those other persons to get a stay visa by satisfying a criterion for the visa because of the…
Section 241 — Offence to arrange pretended de facto relationship to obtain permanent residence
(1) If a person knows or believes on reasonable grounds that 2 other persons are not de facto partners of each other, the person must not make arrangements that make, or help to make, it look as if…
Section 243 — Offences relating to application for permanent residence because of marriage or de facto relationship
(1) A person must not apply for a stay visa on the basis of satisfying a criterion for the visa because of being the spouse or de facto partner of another person if, at the time of the application,…
Section 245 — Offences of making false or unsupported statements
(1) A person must not make a statement, or give information, in writing, to an officer in relation to the consideration for the purposes of this Act or the regulations of any of the following…
Section 245A — Definitions
In this Division, unless the contrary intention appears: aircraft includes aeroplanes, seaplanes, airships, balloons or any other means of aerial locomotion. Australian aircraft means an aircraft…
Section 245AA — 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…
Section 245AAA — Coercing etc. a lawful non-citizen to work in breach of work-related conditions
(1) A person (the first person) contravenes this subsection if: (a) the first person coerces, or exerts undue influence or undue pressure on, another person (the worker) to accept or agree to an…
Section 245AEA — Referring a lawful non-citizen for work in breach of a work-related condition
(1) A person (the first person) contravenes this subsection if: (a) the first person operates a service, whether for reward or otherwise, referring other persons to third persons for work; and (b)…
Section 245AGA — Meaning of arrangement in relation to work
(1) For the purposes of this Subdivision, arrangement in relation to work means an arrangement, in connection with a person (the first person) allowing another person to work, for the other person…
Section 245ALA — Enforceable undertakings
Enforceable provisions (1) The following provisions are enforceable under Part 6 of the Regulatory Powers Act: (a) a work-related offence; (b) a work-related provision. Note: Part 6 of the Regulatory…
Section 245APA — Effect of this Subdivision on the validity of certain contracts is to be disregarded
(1) For the purposes of a relevant workplace law, any effect of this Subdivision on the validity of a contract of service, or the validity of a contract for services, is to be disregarded. (2) In…
Section 245AYA — Overview
(1) This Subdivision provides for the Minister to declare a person to be a prohibited employer for a specified period if: (a) the person is subject to a migrant worker sanction; and (b) no more than…
Section 245AYAA — Objects of this Subdivision
(1) The objects of this Subdivision are as follows: (a) to protect, to the extent possible, non-citizens (other than holders of permanent visas) from being exploited, or further exploited, by…
Section 245FA — Searches of people on certain ships or aircraft
(1) For the purposes set out in subsection (2), a person, and the person’s clothing and any property under the immediate control of the person, may, without warrant, be searched if the person: (a) is…
Section 245LA — Obligation to report on persons departing from Australia
Aircraft and ships to which section applies (1) This section applies to an aircraft or ship of a kind to which this Division applies that is due to depart from a place in Australia on a flight or…
Section 245AAB — Coercing etc. an unlawful non-citizen to work—adverse effect on presence in Australia
(1) A person (the first person) contravenes this subsection if: (a) the first person coerces, or exerts undue influence or undue pressure on, another person (the worker) to accept or agree to an…
Section 245AB — Allowing an unlawful non-citizen to work
(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.…
Section 245AEB — Aggravated offences if a person refers another person to a third person for work
Referring an unlawful non-citizen for work (1) A person (the first person) commits an offence if: (a) the first person operates a service, whether for reward or otherwise, referring other persons to…
Section 245AYB — Definitions
In this Subdivision: ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999. allows a non-citizen to begin work has the meaning given by section 245AYC. Fair Work…
Section 245LB — Dealing with information collected under this Division etc.
Collection of personal information (1) The Department may collect information (including personal identifiers) in a report provided under this Division. Access to, and disclosure of, personal…
Section 245AAC — Coercing etc. a lawful non-citizen to work—adverse effect on status etc.
(1) A person (the first person) contravenes this subsection if: (a) the first person coerces, or exerts undue influence or undue pressure on, another person (the worker) to accept or agree to an…
Section 245AC — Allowing a lawful non-citizen to work in breach of a work-related condition
(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 a lawful non-citizen;…
Section 245AYC — Meaning of allows a non-citizen to begin work
(1) A person allows a non-citizen to begin work at a particular time if, and only if: (a) the person employs the non-citizen by entering into a contract of service at that time; or (b) the person…
Section 245AD — Aggravated offences if a person allows, or continues to allow, another person to work
Allowing an unlawful non-citizen to work (1) A person (the first person) commits an offence if: (a) the first person allows, or continues to allow, another person (the worker) to work; and (b) the…
Section 245AYD — Meaning of prohibited employer
A person is a prohibited employer at a particular time if: (a) a declaration in relation to the person has been made under subsection 245AYK(1); and (b) the declaration is in effect at that time.
Section 245AE — Referring an unlawful non-citizen for work
(1) A person (the first person) contravenes this subsection if: (a) the first person operates a service, whether for reward or otherwise, referring other persons to third persons for work; and (b)…
Section 245AYE — When a person is subject to a migrant worker sanction—bar placed on approved work sponsor etc.
Bar placed on approved work sponsor (1) A person is subject to a migrant worker sanction if: (a) the person is an approved work sponsor; and (b) a bar is placed on the person under paragraph…
Section 245E — Identifying an aircraft and requesting it to land for boarding
Application of section (1) This section allows the commander of a Commonwealth aircraft to make requests of the pilot of another aircraft that: (a) if the other aircraft is an Australian aircraft—is…
Section 245AF — Circumstances in which this Subdivision does not apply
To avoid doubt, this Subdivision does not apply where: (a) a detainee in immigration detention voluntarily engages in an activity of a kind approved in writing by the Secretary for the purposes of…
Section 245AYF — When a person is subject to a migrant worker sanction—conviction of work-related offence etc.
Conviction of work-related offence (1) A person is subject to a migrant worker sanction if the person is convicted of a work-related offence. Conviction of certain offences against humanity (2) A…
Section 245F — Power to board and search etc. aircraft
Application of section to aircraft (2) This section applies to an aircraft that has landed in Australia for boarding as a result of a request made under section 245E. Officer’s powers (3) An officer…
Section 245AG — Meaning of work and allows to work
(1) In this Subdivision: work means any work, whether for reward or otherwise. (2) In this Subdivision, a person allows a person to work if, and only if: (a) the first person employs the second…
Section 245AYG — When a person is subject to a migrant worker sanction—contravention of certain civil penalty provisions etc.
Contravention of certain civil penalty provisions of this Act (1) A person is subject to a migrant worker sanction if: (a) a civil penalty order has been made against the person in relation to the…
Section 245AH — Meaning of exploited
For the purposes of this Subdivision, a person is exploited if the person is subjected to exploitation within the meaning of the Criminal Code (see section 271.1A of the Criminal Code).
Section 245AYH — When a person is subject to a migrant worker sanction—contravention of certain civil remedy provisions of the Fair Work Act 2009
Contravention of civil remedy provisions (within the meaning of the Fair Work Act 2009) (1) A person is subject to a migrant worker sanction if the Minister is satisfied that: (a) a FW order has been…
Section 245AYI — When a person is subject to a migrant worker sanction—contravention of term of enforceable undertaking etc.
Undertaking in relation to contravention of civil remedy provision (within the meaning of the Fair Work Act 2009) (1) A person (the first person) is subject to a migrant worker sanction if the…
Section 245I — Definitions
(1) In this Division: approved fall-back reporting system means a system approved under section 245K. approved primary reporting system means a system approved under section 245J. approved primary…
Section 245AJ — Criminal liability of executive officers of bodies corporate
(1) An executive officer of a body corporate commits an offence if: (a) the body commits an offence (the work-related offence) against this Subdivision; and (b) the officer knew that, or was reckless…
Section 245AYJ — 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…
Section 245J — Approval of primary reporting systems
(1) The Secretary must, for each kind of aircraft or ship to which this Division applies, by legislative instrument, approve a system for the purposes of reporting under this Division. The system may…
Section 245AK — Civil liability of executive officers of bodies corporate
(1) An executive officer of a body corporate contravenes this subsection if: (a) the body contravenes (the work-related contravention) a civil penalty provision in this Subdivision; and (b) the…
Section 245AYK — Declaration of person as prohibited employer
(1) The Minister may, in writing, declare a person to be a prohibited employer for a period if: (a) the person is subject to a migrant worker sanction under a particular provision of this…
Section 245K — Approval of fall-back reporting systems
(1) The Secretary must, by legislative instrument, approve one or more systems as fall-back reporting systems. A system may be an electronic system or a system requiring reports to be provided in…
Section 245AL — Contravening civil penalty provisions
(1) This section applies if a civil penalty provision in this Subdivision provides that a person contravening another provision of this Subdivision (the conduct rule provision) is liable to a civil…
Section 245AYL — 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…
Section 245L — Obligation to report on persons arriving in Australia
Aircraft and ships to which section applies (1) This section applies to an aircraft or ship of a kind to which this Division applies that is due to arrive at a place in Australia from a place outside…
Section 245AM — Geographical scope of offence and civil penalty provisions
Offences (1) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against this Subdivision. Contraventions of civil penalty provisions (2) An order…