Parliament has passed the Bill introducing criminal and civil penalties for sponsors, employers or other third parties who make a personal gain from their position in a ‘payment for visas’ arrangement.

Under the Bill a visa holder could lose their Australian permanent resident or temporary resident visa at any time, if they are involved in ‘payment for visas’ arrangements.

These sanctions are not limited to the 457 visa programme but also extend to other temporary and permanent skilled visa programmes where there is potential for ‘payment for visas’ activity to occur.

The Bill will affect ‘payment for visa’ arrangements in place after the commencement of the new legislation which is currently awaiting assent.

“Benefits” for the purposes of the amendments will be not be limited to monetary payments and include deductions of amounts, real or personal property and anything deemed to be an “advantage”, noted immigration minister, Peter Dutton in his second-reading speech.

In its definitions the Bill states that ‘benefit’ includes:

(a)  a payment or other valuable consideration; and

(b)  a deduction of an amount; and

(c)  any kind of real or personal property; and

(d)  an advantage; and

(e)  a service; and

(f)  a gift.

The Explanatory Memorandum notes that this definition was drafted to be wide enough to include benefits ‘known to be offered or provided in ‘payment for visas’ arrangements by visa holders, including deductions of a visa holder’s salary or wages, payment for goods or services above market value or unpaid work’. The Department noted that the definition is also wide enough to include anything given in exchange for sponsorship, including sexual favours.

Apart from visa cancellations, the Bill threatens imprisonment of up to 2 years and fines up to $64,800 for an individual, and $324,000 for a corporation - these criminal penalties tend to be targeted at repeat offenders. The Bill also allows for civil penalties of up to $43,200 for an individual and $216,000 for a corporation.