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Migration Amendment (Reform of Employer Sanctions) Bill 2012

Introduced into the House of Representatives on 19 September 2012
Portfolio: Immigration and Citizenship
Response received: 29 October 2012

Committee view

1.2        The committee thanks the Minister for Immigration and Citizenship for his response. Having considered this further information in conjunction with the statement of compatibility, the committee is satisfied that this bill does not appear to raise any human rights concerns.

Purpose of the bill

1.3        This bill amends the Migration Act 1958 to:

• amend the criminal offences and create a new non-fault civil penalty regime for persons who allow an unlawful non-citizen to work, refer an unlawful person to a third person for work, allow a lawful non-citizen to work in breach of a work-related visa condition or refer a lawful non-citizen to a third person for work in breach of a work-related visa condition;
• allow for the issue of infringement notices in relation to alleged breaches of civil penalty provisions;
• capture a wider variety of work relationships within the definition of ‘allow to work’;
• extend liability for contraventions to a wider range of persons and entities; and
• introduce investigative powers in relation to work-related offences, including search and seizure powers.

1.4        The Minister's response can be found in Appendix 1.

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