Australian Business Sponsors & Employers beware: Stricter sanctions & penalties introduced

On 22 February 2024, the Migration Amendment (Strengthening Employer Compliance) Act 2024 (amending the Migration Act 1958) was introduced, implementing:

  • Sanctions against employers who coerce or improperly influence both lawful & unlawful non-citizens into accepting employment arrangements that violate visa conditions or negatively impact their immigration status, with penalties including imprisonment and fines.

  • Prohibiting designated individuals or organisations who fail to adhere to migration laws from hiring certain non-citizens and prescribing penalties for breaches.

  • Standardising and enhancing penalties for work-related infringements, including imprisonment and increased fines for certain offences.

  • Enforcing undertakings for work-related violations to allow for resolved compliance disputes outside of court.

  • Issuing compliance notices to employers who are not fulfilling their duties and obligations, outlining necessary corrective actions and setting penalties for failure to comply.

The purpose of these legislative amendments are to safeguard non-citizens from employer exploitation and ensure that non-compliant employers face stern repercussions for breaching their sponsorship obligations.

If you are an employer wanting to discuss your obligations to your overseas workers, please contact info@inclusivemigration.com.au or book an appointment to speak to one of our lawyers today.

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