(5) An entity is covered by this subregulation if the entity is both:
(a) any of the following:
(i) an agency of the Commonwealth, a State or a Territory, or a body established under a law of the Commonwealth, a State or a Territory;
(ii) a body corporate;
(iii) a partnership;
(iv) an unincorporated body;
(v) an individual;
(vi) the trustee of a trust that has only 1 trustee;
(vii) the trustees together of a trust that has more than 1 trustee; and
(b) specified, whether by name or by class, in an instrument made under subregulation (6).
(6) The Minister may, by legislative instrument, specify:
(a) activities for the purposes of paragraph (2)(b); and
(b) entities for the purposes of paragraph (5)(b).
Division 5.3A—Offences and civil penalties in relation to work by non‑citizens
5.19G Allowing an unlawful non‑citizen to work
(1) For paragraph 245AB(2)(a) of the Act, the computer system operated by the Department, and known as “Visa Entitlement Verification Online”, or “VEVO”, is prescribed.
(2) For paragraph 245AB(2)(b) of the Act, each of the following is a prescribed thing:
(a) the entry into a contract under which a party to the contract performs either or both of the following functions:
(i) verifying that a person has the required permission to work in Australia (however that is described in the contract);
(ii) supplying persons who have the required permission to work in Australia (however that is described in the contract);
(b) the inspection of:
(i) a document that appears to be the worker’s Australian passport; or
(ii) a document that appears to be the worker’s New Zealand passport; or
(iii) a document that appears to be the worker’s Australian certificate of citizenship, accompanied by a form of identification featuring a photograph of the worker; or
(iv) a document that appears to be a certificate of evidence of the worker’s Australian citizenship, accompanied by a form of identification featuring a photograph of the worker; or
(v) a document that appears to be the worker’s Australian birth certificate, accompanied by a form of identification featuring a photograph of the worker; or
(vi) a document that appears to be a Certificate of Evidence of Resident Status for the worker, accompanied by a form of identification featuring a photograph of the worker; or
(vii) a document that appears to be a Certificate of Status for New Zealand Citizens in Australia for the worker, accompanied by a form of identification featuring a photograph of the worker.
Example: An example of a form of identification is a driver’s licence.
Note: Subsection 245AB(1) of the Act does not apply if reasonable steps are taken at reasonable times to verify that a worker is not an unlawful non‑citizen, including (but not limited to) either of the following steps:
(a) using a computer system prescribed by the regulations to verify that matter;
(b) doing any one or more things prescribed by the regulations.
5.19H Allowing a lawful non‑citizen to work in breach of a work‑related condition
(1) For paragraph 245AC(2)(a) of the Act, the computer system operated by the Department, and known as “Visa Entitlement Verification Online”, or “VEVO”, is prescribed.
(2) For paragraph 245AC(2)(b) of the Act, each of the following is a prescribed thing:
(a) the entry into a contract under which a party to the contract performs either or both of the following functions:
(i) verifying that a person has the required permission to work in Australia (however that is described in the contract);
(ii) supplying persons who have the required permission to work in Australia (however that is described in the contract);
(b) the inspection of:
(i) a document that appears to be the worker’s Australian passport; or
(ii) a document that appears to be the worker’s New Zealand passport; or
(iii) a document that appears to be the worker’s Australian certificate of citizenship, accompanied by a form of identification featuring a photograph of the worker; or
(iv) a document that appears to be a certificate of evidence of the worker’s Australian citizenship, accompanied by a form of identification featuring a photograph of the worker; or
(v) a document that appears to be the worker’s Australian birth certificate, accompanied by a form of identification featuring a photograph of the worker; or
(vi) a document that appears to be a Certificate of Evidence of Resident Status for the worker, accompanied by a form of identification featuring a photograph of the worker; or
(vii) a document that appears to be a Certificate of Status for New Zealand Citizens in Australia for the worker, accompanied by a form of identification featuring a photograph of the worker.
Example: An example of a form of identification is a driver’s licence.
Note: Subsection 245AC(1) of the Act does not apply if reasonable steps are taken at reasonable times to verify that a worker is not in breach of a work‑related condition solely because of doing the work referred to in that subsection, including (but not limited to) either of the following steps:
(a) using a computer system prescribed by the regulations to verify that matter;
(b) doing any one or more things prescribed by the regulations.
5.19J Referring an unlawful non‑citizen for work
(1) For paragraph 245AE(2)(a) of the Act, the computer system operated by the Department, and known as “Visa Entitlement Verification Online”, or “VEVO”, is prescribed.
(2) For paragraph 245AE(2)(b) of the Act, each of the following is a prescribed thing:
(a) the entry into a contract under which a party to the contract performs the function of verifying that a person has, or will have, the required permission to work in Australia (however that is described in the contract);
(b) the inspection of:
(i) a document that appears to be the prospective worker’s Australian passport; or
(ii) a document that appears to be the prospective worker’s New Zealand passport; or
(iii) a document that appears to be the prospective worker’s Australian certificate of citizenship, accompanied by a form of identification featuring a photograph of the prospective worker; or
(iv) a document that appears to be a certificate of evidence of the prospective worker’s Australian citizenship, accompanied by a form of identification featuring a photograph of the prospective worker; or
(v) a document that appears to be the prospective worker’s Australian birth certificate, accompanied by a form of identification featuring a photograph of the prospective worker; or
(vi) a document that appears to be a Certificate of Evidence of Resident Status for the prospective worker, accompanied by a form of identification featuring a photograph of the prospective worker; or
(vii) a document that appears to be a Certificate of Status for New Zealand Citizens in Australia for the prospective worker, accompanied by a form of identification featuring a photograph of the prospective worker.
Example: An example of a form of identification is a driver’s licence.
Note: Subsection 245AE(1) of the Act does not apply if reasonable steps are taken at reasonable times before the referral to verify that a prospective worker is not an unlawful non‑citizen, including (but not limited to) either of the following steps:
(a) using a computer system prescribed by the regulations to verify that matter;
(b) doing any one or more things prescribed by the regulations.
5.19K Referring a lawful non‑citizen for work in breach of a work‑related condition
(1) For paragraph 245AEA(2)(a) of the Act, the computer system operated by the Department, and known as “Visa Entitlement Verification Online”, or “VEVO”, is prescribed.
(2) For paragraph 245AEA(2)(b) of the Act, each of the following is a prescribed thing:
(a) the entry into a contract under which a party to the contract performs the function of verifying that a person has, or will have, the required permission to work in Australia (however that is described in the contract);
(b) the inspection of:
(i) a document that appears to be the prospective worker’s Australian passport; or
(ii) a document that appears to be the prospective worker’s New Zealand passport; or
(iii) a document that appears to be the prospective worker’s Australian certificate of citizenship, accompanied by a form of identification featuring a photograph of the prospective worker; or
(iv) a document that appears to be a certificate of evidence of the prospective worker’s Australian citizenship, accompanied by a form of identification featuring a photograph of the prospective worker; or
(v) a document that appears to be the prospective worker’s Australian birth certificate, accompanied by a form of identification featuring a photograph of the prospective worker; or
(vi) a document that appears to be a Certificate of Evidence of Resident Status for the prospective worker, accompanied by a form of identification featuring a photograph of the prospective worker; or
(vii) a document that appears to be a Certificate of Status for New Zealand Citizens in Australia for the prospective worker, accompanied by a form of identification featuring a photograph of the prospective worker.
Example: An example of a form of identification is a driver’s licence.
Note: Subsection 245AEA(1) of the Act does not apply if reasonable steps are taken at reasonable times before the referral to verify that a prospective worker will not be in breach of a work‑related condition solely because of doing the work in relation to which he or she is referred, including (but not limited to) either of the following steps:
(a) using a computer system prescribed by the regulations to verify that matter;
(b) doing any one or more things prescribed by the regulations.
Division 5.3B—Offences and civil penalties in relation to sponsored visas
5.19L Classes of sponsor
For the definition of sponsor class in section 245AQ of the Act, the following classes of sponsor are prescribed:
(a) a standard business sponsor;
(b) an entertainment sponsor;
(c) a superyacht crew sponsor;
(d) a long stay activity sponsor;
(e) a training and research sponsor;
(f) a temporary activities sponsor.
5.19M Kinds of sponsored visa
For the definition of sponsored visa in section 245AQ of the Act, the following kinds of visa are prescribed:
(a) a Subclass 186 (Employer Nomination Scheme) visa;
(b) a Subclass 187 (Regional Sponsored Migration Scheme) visa;
(c) a Subclass 401 (Temporary Work (Long Stay Activity)) visa;
(d) a Subclass 402 (Training and Research) visa in the Research stream;
(da) a Subclass 407 (Training) visa;
(db) a Subclass 408 (Temporary Activity) visa;
(e) a Subclass 420 (Temporary Work (Entertainment)) visa;
(f) a Subclass 457 (Temporary Work (Skilled)) visa;
(fa) a Subclass 482 (Temporary Skill Shortage) visa;
(fb) a Subclass 482 (Skills in Demand) visa;
(g) a Subclass 488 (Superyacht Crew) visa;
(h) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
5.19N Sponsorship‑related events
For paragraph (l) of the definition of sponsorship‑related event in section 245AQ of the Act, each of the following is a prescribed event:
(a) a person becoming, or not ceasing to be, a party to a labour agreement that is not a work agreement;
(b) a person nominating a position in accordance with such a labour agreement in relation to a holder of, or an applicant or proposed applicant for, a sponsored visa, or including another person in such a nomination;
(c) a person not withdrawing a nomination of a position made in accordance with such a labour agreement in relation to a holder of, or an applicant or proposed applicant for, a sponsored visa.
Division 5.3C—Prohibited employers
5.19P Migrant worker sanctions—offences against the Fair Work Act 2009 etc.
For the purposes of subsection 245AYF(3) of the Act:
(a) an offence against subsection 327A(1) of the Fair Work Act 2009 is prescribed; and
(b) any non‑citizen (other than the holder of a permanent visa) is a prescribed person in relation to an offence of that kind.
Division 5.4—Infringement notice penalties
5.20 Offences
(1) For paragraph 504(1)(i) of the Act (which authorises the Regulations to set penalties as an alternative to prosecution), the prescribed penalty for an offence against section 137 of the Act is:
(a) in the case of a failure by a person to supply the person’s address—$250; or
(b) in any other case—$1 000.
(2) For paragraph 504(1)(j) of the Act, the prescribed penalty to be paid as an alternative to prosecution for a contravention of section 229 or 230 of the Act is:
(a) in the case of a natural person—12 penalty units; or
(b) in the case of a body corporate—25 penalty units.
(3) For paragraph 504(1)(jaa) of the Act, the prescribed penalty to be paid as an alternative to prosecution for a contravention of subsection 245N(2) of the Act is 10 penalty units.
5.20A Civil penalty provisions
(1) This regulation is made for the purposes of subsection 506A(1) of the Act.
(2) If:
(a) a person is alleged to have contravened subsection 140Q(1) of the Act; and
(b) the person is an approved work sponsor;
the person may pay the following penalty to the Commonwealth as an alternative to proceedings for a civil penalty order against the person:
(c) in case of a natural person—48 penalty units;
(d) in case of a body corporate—240 penalty units.
(3) If:
(a) a person is alleged to have contravened subsection 140Q(1) of the Act; and
(b) the person is an approved family sponsor;
the person may pay the following penalty to the Commonwealth as an alternative to proceedings for a civil penalty order against the person:
(c) in case of a natural person—12 penalty units;
(d) in case of a body corporate—60 penalty units.
(4) A person who is alleged to have contravened any of the following provisions of the Act may pay the penalty specified in subregulation (5) to the Commonwealth as an alternative to proceedings for a civil penalty order against the person:
(a) subsection 140Q(2);
(b) subsection 245AAA(4);
(c) subsection 245AAB(4);
(d) subsection 245AAC(4);
(e) subsection 245AB(5);
(f) subsection 245AC(5);
(g) subsection 245AE(5);
(h) subsection 245AEA(5);
(i) subsection 245AR(5);
(j) subsection 245AS(1);
(k) subsection 245AYL(4).
(5) For the purposes of subregulation (4), the penalty is:
(a) in case of a natural person—48 penalty units; or
(b) in case of a body corporate—240 penalty units.
(6) A person who is alleged to have contravened subsection 140XE(3) or 140XF(3) of the Act may pay the following penalty to the Commonwealth as an alternative to proceedings for a civil penalty order against the person:
(a) in case of a natural person—12 penalty units;
(b) in case of a body corporate—60 penalty units.
(7) A person who is alleged to have contravened subsection 140RB(5), 245AYN(3) or 245AYP(5) of the Act may pay the following penalty to the Commonwealth as an alternative to proceedings for a civil penalty order against the person:
(a) in case of a natural person—9 penalty units;
(b) in case of a body corporate—45 penalty units.
Division 5.5—Infringement notices
5.21 Interpretation
In this Division:
authorised officer includes the Secretary.
business visa has the same meaning as in section 137 of the Act.
civil penalty provision means any of the following provisions of the Act:
(a) subsection 140Q(1);
(b) subsection 140Q(2);
(ba) subsection 140RB(5);
(c) subsection 140XE(3);
(d) subsection 140XF(3);
(da) subsection 245AAA(4);
(db) subsection 245AAB(4);
(dc) subsection 245AAC(4);
(e) subsection 245AB(5);
(f) subsection 245AC(5);
(g) subsection 245AE(5);
(h) subsection 245AEA(5);
(i) subsection 245AR(5);
(j) subsection 245AS(1);
(k) subsection 245AYL(4);
(l) subsection 245AYN(3);
(m) subsection 245AYP(5).
infringement notice means a notice under regulation 5.22.
infringement notice penalty:
(a) for an offence—means the penalty prescribed by regulation 5.20 for the offence; and
(b) for a civil penalty provision—means the penalty prescribed by regulation 5.20A for the civil penalty provision.
offence means a contravention of:
(a) section 137, 229 or 230 of the Act; or
(b) subsection 245N(2) of the Act.
sponsorship‑related civil penalty provision means any of the following provisions of the Act:
(a) subsection 140Q(1);
(b) subsection 140Q(2);
(ba) subsection 140RB(5);
(c) subsection 140XE(3);
(d) subsection 140XF(3).
work‑related civil penalty provision means any of the following provisions of the Act:
(aa) subsection 245AAA(4);
(ab) subsection 245AAB(4);
(ac) subsection 245AAC(4);
(a) subsection 245AB(5);
(b) subsection 245AC(5);
(c) subsection 245AE(5);
(d) subsection 245AEA(5);
(e) subsection 245AYL(4);
(f) subsection 245AYN(3);
(g) subsection 245AYP(5).
5.22 When can an infringement notice be served?
(1) If an authorised officer has reason to believe that a person has committed an offence or has contravened a civil penalty provision, the officer may cause an infringement notice to be served on the person in accordance with this Division.
(2) An infringement notice must be served within 12 months of the date on which, or the last day of the period over which, an offence is alleged to have been committed or a civil penalty provision is alleged to have been contravened.
(3) An infringement notice must not be served on a person in relation to:
(a) a failure to satisfy a sponsorship obligation prescribed in regulation 2.78; or
(b) a failure to satisfy a sponsorship obligation prescribed in regulation 2.85.
Note: Regulation 2.78 prescribes an obligation to cooperate with inspectors. Regulation 2.85 prescribes an obligation to secure an offer of a reasonable standard of accommodation for a primary sponsored person or secondary sponsored person.