Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 245AAC

  (1)   A person (the first person ) contravenes this subsection if:

  (a)   the first person coerces, or exerts undue influence or undue pressure on, another person (the worker ) to accept or agree to an arrangement in relation to work; and

  (b)   the worker is a lawful non - citizen (other than a holder of a permanent visa); and

  (c)   the work is done, or is to be done, by the worker in Australia, whether for the first person or someone else; and

  (d)   the first person's conduct mentioned in paragraph   (a) results in the worker believing that, if the worker does not accept or agree to the arrangement:

  (i)   there will be an adverse effect on the worker's status as a lawful non - citizen; or

  (ii)   the worker will be unable to provide information or documents about work the worker has done in Australia that the worker is required, under this Act or the regulations, to provide in connection with a visa held by the worker or an application for a visa by the worker.

Note:   For the meaning of arrangement in relation to work , see section   245AGA.

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 paragraphs   (1)(b), (c) and (d) is knowledge or recklessness by the first person.

Civil penalty provision

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

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.