Event and Time
Event Description
- M & G Vizzarri Pty Ltd pleaded guilty to two charges under the Migration Act 1958 (Cth):
- Charge 1: Allowing an unlawful non-citizen to work (subsection 245AB(1)). - Charge 2: Allowing a lawful non-citizen to work in breach of work-related conditions (subsection 245AC(1)).
- No prior criminal record for M & G Vizzarri.
Application and Claims
- The prosecution presented that M & G Vizzarri engaged illegal workers due to:
- Not utilizing the Visa Entitlement Verification Online (VEVO) system for over a year despite being informed of their obligation. - Creating systems to recruit and employ illegal workers.
Judicial Decisions
- The court acknowledged the guilty plea but highlighted the company's negligence in ensuring compliance with visa obligations and public interest considerations.
- A fine of $60,000 was imposed, reflecting the penalties outlined in the Migration Act.
Dispute Points and Legal Basis
Dispute Points
Prosecution Claims
- Allegations that M & G Vizzarri failed to check the legal status of workers, thus violating immigration laws.
- Highlighted previous warnings about compliance regarding the employment of non-citizens.
Defence Arguments
- No evidence of deliberate dishonesty regarding the status of workers; the company had a significant history and experience with employing non-citizens.
- The delay in proceedings and impact of the COVID-19 pandemic on operational capacity were emphasized as mitigating factors.