Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
39 Responsibility of employers
  • (1) Every employer commits an offence against this Act who allows or continues to allow any person to undertake employment in that employer's service knowing that the person is not entitled under this Act to undertake that employment.

    (1A) Every employer commits an offence against this Act who, without reasonable excuse, allows a person who is not entitled under this Act to undertake employment in the employer's service to undertake that employment.

    (1B) For the purposes of subsection (1A), it is a reasonable excuse for allowing a person who is not entitled under this Act to undertake employment in an employer's service to undertake that employment that the employer concerned did not know that the person was not entitled to undertake that employment, and holds a tax code declaration—

    • (a) that states that the person is entitled under the Immigration Act 1987 to undertake employment in the employer's service; and

    • (b) that was signed by the person before or when that employment began.

    (1C) Except as provided in subsection (1B), for the purposes of subsection (1A), it is not a reasonable excuse for allowing a person who is not entitled under this Act to undertake employment in an employer's service that the employer did not know that the person was not entitled under this Act to undertake that employment.

    (2) An information alleging an offence against this section may specify any day on which it is alleged the person was in the employment of the employer, and it shall not be necessary to state the day on which that employment is alleged to have commenced.

    (3) An employer shall be deemed for the purposes of this section to know that an employee is not entitled under this Act to undertake any particular employment if, at any time within the preceding 12 months, the employer has been informed of that fact in writing by an immigration officer.

    (4) No employer is liable for an offence against subsection (1) or subsection (1A) in respect of any period during which the employer continues to employ any person in compliance with the minimum requirements of any employment agreement (within the meaning of the Employment Relations Act 2000) relating to the giving of notice on termination of employment.

    (5) A person who commits an offence against this section is liable,—

    • (a) in the case of an offence against subsection (1), to a fine not exceeding $50,000:

    • (b) in the case of an offence against subsection (1A), to a fine not exceeding $10,000.

    Sections 39(1A): inserted, on 17 June 2003, by section 4(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Sections 39(1B): inserted, on 17 June 2003, by section 4(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Sections 39(1C): inserted, on 17 June 2003, by section 4(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 39(2): amended, on 17 June 2003, by section 4(2) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 39(4): substituted, on 18 November 1991, by section 21 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 39(4): substituted, on 2 October 2000 by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 39(4): amended, on 17 June 2003, by section 4(3) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 39(5): inserted, on 17 June 2003, by section 4(4) of the Immigration Amendment Act 2002 (2002 No 22).