Section 245APA — Migration Act 1958 (Cth)

(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 this section:

relevant workplace law means:

(a) another law of the Commonwealth (other than the Fair Work Act 2009) that regulates the relationships between the parties to a contract of service, or a contract for services, in relation to the performance of work; or

(b) a law of a State or Territory that regulates the relationships between the parties to a contract of service, or a contract for services, in relation to the performance of work;

and includes a law dealing with occupational health and safety matters and a law dealing with workers’ compensation.

Note: Section 40B of the Fair Work Act 2009 also provides that for the purposes of that Act, any effect of this Act, or an instrument made under this Act, on the validity of a contract of employment, or a contract for services, is to be disregarded.

Related sections

• s 245AN — Charge and trial for an aggravated offence
• s 245AO — Treatment of partnerships
• s 245AP — Treatment of unincorporated associations
• s 245AQ — Definitions
• s 245AR — Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship‑related event
• s 245AS — Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship‑related event

Research how courts apply s 245APA

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