Immigration Amendment Act 2015

86 Section 351 amended (Exploitation of persons not legally entitled to work)

(1)

In the heading to section 351, replace persons not legally entitled to work with unlawful employees and temporary workers.

(2)

In section 351(1), after “unlawful employee”, insert “or temporary worker” in each place.

(3)

In section 351(1), after “the employee”, insert “or worker” in each place.

(4)

Replace section 351(7) with:

(7)

For the purposes of this section, an employer is treated as knowing—

(a)

that an employee is not entitled under this Act to do any particular work if, at any time in the preceding 12 months (whether before or after the commencement of this subsection) the employer has been informed of that fact in writing by an immigration officer; and

(b)

that a worker holds a temporary entry class visa if, at any time in the preceding 12 months (whether before or after the commencement of this subsection) the employer has been informed of that fact in writing by an immigration officer.

(5)

Replace section 351(8) with:

(8)

In this section, in relation to an employer,—

temporary worker means a person—

(a)

who the employer knows holds a temporary entry class visa; or

(b)

who holds a temporary entry class visa and in respect of whom the employer is reckless as to whether or not the person holds a temporary entry class visa

unlawful employee means a person who undertakes work for the employer that—

(a)

the employer knows, under this Act, the person is not entitled to undertake; or

(b)

the person is, under this Act, not entitled to undertake and in respect of which the employer is reckless as to whether or not the person is entitled to undertake the work.