Appendix 18 – Rules for non-compliant employers (immigration non-compliance)

MBIE maintains a list of non-compliant employers (for immigration non-compliance) in accordance with the rules set out in the table below.
Note: Section 383A of the Immigration Act 2009 gives the Chief Executive of MBIE the authority to publish the names of employers who have been convicted of an offence against the Immigration Act 2009 (the Act) or issued infringement notices under the Act and details related to the infringement.
An employer is non-compliant when they have been issued with an infringement notice by an immigration officer, or had a penalty ordered against them by a Court for offences in the Immigration Act 2009 (the Act).
An immigration officer should rely on the list of non-compliant employers maintained by MBIE as evidence of whether or not the employer is a non-compliant employer under these rules.
Note: For the avoidance of doubt, in addition to inclusion on the list of non-compliant employers maintained by MBIE, an immigration officer may take other information into account as evidence of whether or not the employer is a non-compliant employer under these rules.
For the purposes of these instructions, any employer, no matter what form of legal entity they are, can be considered a non-compliant employer subject to the stand-down periods set out in the table below, including, but not limited to, companies, individuals, sole traders and partnerships.
For employers convicted for offences under 343(1)(d) and 344(d) of the Act, where the sentence is a term of imprisonment or home detention, a permanent stand down and publication of the employer’s name (on the list of non-compliant employers maintained by MBIE) will cease if the employer becomes an eligible individual under the Clean Slate Scheme.
For employers convicted for serious criminal offences against the Act (under the following sections of the Act: 343(1)(a), 345, 348, 342(1)(b), 351), a permanent stand down and publication of the employer’s name (on the list of non-compliant employers maintained by MBIE) will cease if the employer becomes an eligible individual under the Clean Slate Scheme.

Rules for inclusion on the stand-down list maintained by MBIE for immigration non-compliance

Enforcement action	Stand-down period
Infringement notice for an employment infringement offence under section 359A of the Immigration Act 2009	6-month stand-down for a single infringement notice. Each subsequent infringement notice incurs a further stand-down of 6 months. The maximum stand-down for multiple infringement notices issued at one time is 12 months.
Penalties ordered by a Court for Immigration Act offences (under the following sections of the Immigration Act 2009: 342(1)(a), 343(1)(d), 344(d), 347, 350(1), 359A(1)(a), 359A(1)(b), 359A(1)(c))	Penalties 6-month stand-down when the total amount of penalties ordered in a case is up to and including $1,000 for individuals and body corporates or other entities. 12-month stand-down when the total amount of penalties ordered in a case is over $1,000 but less than $10,000 for individuals and body corporates or other entities. 18-month stand-down when the total amount of penalties ordered in a case is $10,000 and above, but less than $25,000, for individuals and body corporates or other entities. 24-month stand-down when the total amount of penalties ordered in a case is $25,000 and above for individuals and body corporates or other entities. Convictions for offences under 343(1)(d) and 344(d) of the Act, where the sentence is a term of imprisonment or home detention: permanent stand-down
Conviction for serious criminal offences against the Immigration Act 2009 (under the following sections of the Act: 343(1)(a), 345, 348, 342(1)(b), 351)	permanent stand-down

Effective 11/04/2024

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