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MIGRATION ACT 1958 - SECT 245AYG

When a person is subject to a migrant worker sanction--contravention of certain civil penalty provisions etc.

Contravention of certain civil penalty provisions of this Act

  (1)   A person is subject to a migrant worker sanction if:

  (a)   a civil penalty order has been made against the person in relation to the contravention of a work - related provision; or

  (b)   both of the following apply:

  (i)   a civil penalty order has been made against the person in relation to a contravention of another civil penalty provision prescribed by the regulations;

  (ii)   the contravention related, wholly or partly, to another person who, at the time of the contravention, was a non - citizen (other than the holder of a permanent visa).

Contravention of certain provisions of relevant workplace law

  (2)   A person is subject to a migrant worker sanction if the Minister is satisfied that:

  (a)   a court has made an order under a relevant workplace law that the person pay a pecuniary penalty for a contravention of a provision of that law; and

  (b)   the provision is prescribed by the regulations; and

  (c)   the order was not made in criminal proceedings; and

  (d)   the contravention related, wholly or partly, to a prescribed person who, at the time of the contravention, was a non - citizen (other than the holder of a permanent visa); and

  (e)   any circumstances prescribed by the regulations apply in relation to the contravention of the provision.



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