Migration Amendment (Strengthening Employer Compliance Act) 2024

Policy effect

Introduced civil and criminal penalties to combat temporary migrant worker exploitation in Australia. This includes criminal offenses for exploiting a worker based on their visa status and establishing a prohibition measure to ban non-compliant employers from hiring additional temporary migrant workers.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… 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. 245AAC Coercing etc. a lawful non-citizen to work—adverse effect on status etc. (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; andAuthorised Version C2024A00001 registered 22/02/2024 Schedule 1 Amendments Part 1 New employer sanctions 6 Migration Amendment (Strengthening Employer Compliance) Act 2024 No. 1, 2024 (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 … 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. 245AYA Overview (1) This Subdivision provides for the Minister to declare a person to be a prohibited employer for a specified period if: (a) the person is subject to a migrant worker sanction; and (b) no more than 5 years have passed since the person became subject to that sanction. (2) Sections 245AYE to 245AYJ set out when a person is subject to a migrant worker sanction. (3) While a declaration is in effect, a prohibited employer must not: (a) allow certain additional non-citizens to begin work; or (b) have a material role in a decision made by a body corporate or other body to allow certain additional non-citizens to begin work. (4) After a person stops being a prohibited employer, the person must give the Department specified information about certain lawfulAuthorised Version C2024A00001 registered 22/02/2024 Schedule 1 Amendments Part 2 Prohibited employers 10 Migration Amendment (Strengthening Employer Compliance) Act 2024 No. 1, 2024 … prohibited employer. Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires that people whose interests are affected by the Minister’s decision be given notice of their rights to seek review of the decision. 245AYL 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:Authorised Version C2024A00001 registered 22/02/2024 Amendments Schedule 1 Prohibited employers Part 2 No. 1, 2024 Migration Amendment (Strengthening Employer Compliance) Act 2024 23 (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 … work-related breaches Migration Act 1958 13 Subsection 140Q(1) (penalty) Repeal the penalty, substitute: Civil penalty: (a) if the person is an approved work sponsor—240 penalty units; or (b) in any other case—60 penalty units. 14 Subsection 140Q(2) (penalty) Repeal the penalty, substitute: Civil penalty: 240 penalty units. 15 Subsection 245AB(3) Repeal the subsection, substitute: Offence (3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). Penalty: Imprisonment for 2 years or 360 penalty units, or both. 16 Subsection 245AB(5) Repeal the subsection, substitute: Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (1).Authorised Version C2024A00001 registered 22/02/2024 Amendments Schedule 1 Aligning and increasing penalties for work-related breaches Part 3 No. 1, 2024 Migration Amendment (Strengthening Employer Compliance) Act 2024 29 Note: It is not necessary to prove a person’s state of mind in proceedings for a …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2024

• 2024-02-01Closure of COVID-19 Pandemic Event Stream (Subclass 408)
• 2024-03-23Increased English Language Requirements for Student and Temporary Graduate Visas
• 2024-03-29Commencement of statutory visa pre-application ballot framework
• 2024-06-21Ministerial Direction No. 110: Character Test Visa Refusal and Cancellation Framework
• 2024-07-01Enhanced Labour Market Mobility and Extended Work Cessation Period
• 2024-07-01Removal of Specified Work Requirements for UK Working Holiday Visa Holders
• 2024-07-31Closure of the Business Innovation and Investment Program (BIIP) (Subclass 188)
• 2024-11-12Mobility Arrangement for Talented Early-professionals Scheme (MATES) Stream