Section 245AYCMigration Act 1958 (Cth)

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 engages the non‑citizen by entering into a contract for services at that time; or

(c) the person begins at that time to participate in an arrangement, or any arrangement included in a series of arrangements, for the performance of work by the non‑citizen for:

(i) the person; or

(ii) another participant in the arrangement or any such arrangement; or

(d) the person enters into a contract at that time to bail or license a chattel to the non‑citizen or another person with the intention that the non‑citizen will use the chattel to perform a transportation service; or

(e) the person enters into a contract at that time to lease or license premises, or a space within premises, to the non‑citizen or another person with the intention that the non‑citizen will use the premises or space to perform sexual services (within the meaning of the Criminal Code); or

(f) the prescribed circumstances exist at that time.

Note: Other parts of speech and grammatical forms of “allows a non‑citizen to begin work” (for example, “the non‑citizen is allowed to begin work”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).

(2) In paragraph (1)(e):

premises means:

(a) an area of land or any other place, whether or not it is enclosed or built on; or

(b) a building or other structure; or

(c) a vehicle or vessel.

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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