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 worker is an unlawful non‑citizen; and (c) the worker is being exploited; and (d) the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (b) and (c). Note: See section 245AH for when a person is being exploited. Penalty: Imprisonment for 5 years or 900 penalty units, or both. Allowing a lawful non‑citizen to work in breach of a work‑related condition (2) 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 worker is a lawful non‑citizen; and (c) the worker holds a visa that is subject to a work‑related condition; and (d) the worker is in breach of the work‑related condition solely because of doing the work referred to in paragraph (a); and (e) the worker is being exploited; and (f) the first person knows of, or is reckless as to, the circumstances mentioned in paragraphs (b), (c), (d) and (e). Note: See section 245AH for when a person is being exploited. Penalty: Imprisonment for 5 years or 900 penalty units, or both.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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