Section 245AYLMigration Act 1958 (Cth)

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 work at that time; or

(ii) the first person has a material role in a decision made by a body corporate or other body to allow a non‑citizen to begin work at that time; and

(c) at that time, the non‑citizen is either:

(i) an unlawful non‑citizen; or

(ii) a lawful non‑citizen (other than a holder of a permanent visa).

Offence

(2) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection.

Penalty: Imprisonment for 2 years or 360 penalty units, or both.

(3) For the purposes of subsection (2), the fault element for subparagraph (1)(b)(ii) is intention by the first person.

Civil penalty provision

(4) A person who contravenes subsection (1) is liable to a civil penalty.

Note: It is not necessary to prove a person’s state of mind in proceedings for a civil penalty order (see section 486ZF).

Civil penalty: 240 penalty units.

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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