Australia

Details

  • Service: Private Enterprise, Private Companies, Immigration Services
  • Type: Regulatory update
  • Date: 24/05/2013

Migration Newsflash

Migration Newsflash
Keep up-to-date with issues and developments in the immigration environment.

Migration Newsflash: Migration Amendment (Reform of Employer Sanctions) Act 2013 

Further to our Newsflash of 5 March 2013, the Migration Amendment (Reform of Employer Sanctions) Act 2013 will commence from 1 June 2013.

The Act, aimed at tightening the regulatory regime governing the employment of non Australian citizens and permanent residents, carries new no-fault provisions which essentially removes the defence by employers who may have argued they were not aware of the issue and were not reckless in being unaware of the issue.


Employers found in contravention of the new legislation may be liable for civil penalties or face an infringement notice. Corporate officers including CEOs, CFOs and company directors can now be held individually liable for immigration compliance breaches within the business.
 

As a result, there is an even greater need for businesses to implement measures to ensure that foreign nationals are not allowed to work without entitlement or in breach of visa conditions.


Employers should ensure appropriate systems and procedures are in place before 1 June 2013 to avoid possible penalties.

 

This Migration Newsflash includes full details and implications for businesses.

 

Key insights

  • Statutory defences can either be carried out by the employer directly, or in the case of those referred via labour hire or recruitment firms, by these other parties.
  • Companies relying on labour hire and/or recruitment firms to conduct these necessary checks for any referred employees should ensure that this is clearly stated in any service agreements they have in place.
 

Share this

Share this

Immigration Services

KPMG's Immigration Services practice helps companies and individuals navigate Australian immigration law.