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Migration Amendment (Employer Sanctions) Act 2007

19 August 2007 - Legislation change

Client summary

The Migration Amendment (Employer Sanctions) Act 2007 (the Amending Act) received royal assent on 19 February 2007. The Amending Act will commence on 19 August 2007 to create new criminal offences for knowingly or recklessly:

  • allowing an illegal worker to work; or
  • referring an illegal worker for work with another business.

Individuals who are convicted of these offences face fines of up to $13 200 and two years' imprisonment while companies face fines of up to $66 000 per illegal worker. The penalties are higher where an illegal worker is being exploited through slavery, forced labour or sexual servitude.

The department has implemented a number of services that make it quick and easy for employers to check the work entitlements of new employees, such as the Visa Entitlement Verification Online (VEVO) service. VEVO is a free, Internet-based system that allows employers to check the work entitlements of a visa holder online. The service provides current visa information and is available 24 hours a day, 7 days a week. For employers to register for VEVO.
See: Visa Entitlement Verification Online (VEVO) for Organisations

For employers without access to the Internet, there is a toll–free Visa Entitlement Verification Faxback service that provides written confirmation from the department of a visa holders' entitlement to work in Australia. To use this service, employers should complete the ‘Authority to Obtain Details of Work Rights Status’ form and fax it.
See: Authority to Obtain Details of Work Rights Status (29KB PDF file)
Fax: 1800 505 550

You can also obtain a copy of the form by contacting the department.
Telephone: 1800 040 070

More information on these services is available on the department's website or by contacting the Employers' Immigration Hotline.
See: Employers
Telephone: 1800 040 070 (Immigration Hotline)

Technical Details

The following provisions of the Migration Act 1958 are inserted:

  • At the end of Division 12 of Part 2, new Subdivision C - Offences in relation to persons who allow non-citizens to work, or refer non-citizens for work, in certain circumstances
  • new section 245AA - Overview
  • new section 245AB - Allowing an unlawful non-citizen to work
  • new section 245AC - Allowing a non-citizen to work in breach of a visa condition
  • new section 245AD - Referring an unlawful non-citizen for work
  • new section 245AE - Referring a non-citizen for work in breach of a visa condition
  • new section 245AF - Circumstances in which this Subdivision does not apply
  • new section 245AG - Meaning of work and allows to work
  • new section 245AH - Meaning of exploited
  • new section 245AI - Meaning of other terms
  • new section 245AJ - Geographical jurisdiction
  • new section 245AK - On a trial for an aggravated offence
  • new note at the end of subsection 235(1)
  • new note at the end of subsection 235(3)
  • new subsection 235(7) at the end of section 235.

The following provision of the Crimes Act 1914 is inserted:

  • new paragraph 15Y(cb)

Additional information: These offences apply to employers, labour hire companies, employment agencies and other people who allow illegal workers to work or refer illegal workers for work. This includes taxi owners who bail or lease their taxi cabs to drivers and brothel owners who rent or lease rooms to sex workers. The offences also apply to businesses that operate informal labour referral services such as backpacker hostels that organise harvest work for backpackers.

Related amendments to the Migration Regulations 1994 (the Regulations): Nil

Application of the new provisions: The new offences are prospective - they only apply to employers and labour suppliers who engage or refer illegal workers on or after 19 August 2007. Employers will not have to check the work entitlements of existing workers unless their contracts are renewed or extended on or after 19 August 2007.

Forms: Nil

Instructions: An instruction for compliance and investigations officers has been developed and is expected to be available in LEGEND from 1 September 2007.

Effect on delegations: Nil

Effect on systems: Changes are being made to enable departmental staff to record any enforcement activity relating to the new offences.