Part 12
Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions:
Offences, evidence, and classified information
456Offences by employers
Subsection (2) applies if, before the commencement of section 404 of this Act,—
- an employer allowed a person to undertake employment in the employer’s service; and
- at the time that the person commenced employment in the employer’s service, the employer had a reasonable excuse under section 39(1B) of the former Act for allowing the person to undertake that employment; and
- the person is not entitled under this Act to undertake that employment.
No employer to whom subsection (1) applies is liable for an offence against section 350(1) of this Act in respect of any period after the commencement of section 404 of this Act during which the employer continues to employ the employee, unless, at any time in the preceding 12 months, the employer has been informed in writing by an immigration officer (under either Act) that the employee is not entitled to undertake that employment.
Notes
- Section 456(2): amended, on , by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).