Section 245AYAAMigration Act 1958 (Cth)

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 employers;

(b) to ensure that such non‑citizens are not exposed to employers or workplaces that have engaged in serious, deliberate or repeated non‑compliance with certain laws;

(c) to ensure that non‑compliance is dealt with in a way that considers the impact of any sanctions on such non‑citizens, the employer and the community as a whole.

(2) This Subdivision aims to achieve its objects by:

(a) empowering the Minister to declare persons to be prohibited employers; and

(b) requiring the Minister to ensure that imposing such a prohibition, including the duration of such a prohibition, is proportionate to the person’s misconduct; and

(c) requiring the Minister to consider the impact on non‑citizens (other than holders of permanent visas) of making such a declaration; and

(d) encouraging employers to demonstrate their ability to:

(i) remediate their non‑compliance; and

(ii) comply with the law relating to migrant worker sanctions in the future.

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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