Who must document VEVO checks + retain employer records (s 245AYL Migration Act)?
The applicability test for Document VEVO checks + retain employer records (s 245AYL Migration Act) (ABF), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Some businesses
Applies when the business has employees.
What the obligation is
Employers should document VEVO checks at hire; statutory defence for compliant employers.
Section 245AYL Migration Act provides statutory defences for employers who undertake + document prescribed work entitlement verifications (typically via VEVO). Without documentation, employer cannot rely on defence if illegal worker prosecution arises.
The applicability test
Applies when the business has employees.
How the regulator frames it: All Australian employers + labour-hire intermediaries.
What triggers it: Hiring a non-citizen.
Jurisdiction: Commonwealth law, so the test is the same in every state and territory.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (35 of 35: depends on size or structure).
The answer is the same in every industry: depends on size or structure. Industry does not change who must comply.
Business structure and size
Structure does not change the answer across all industries: for every structure the answer is "depends on size or structure".
| Size band | Answer across all industries, any structure |
|---|---|
| No employees (turnover $100K–$1M) | No |
| 1–5 employees (turnover $100K–$1M) | Yes |
| 6–19 employees (turnover $1M–$3M) | Yes |
| 20–99 employees (turnover $3M–$10M) | Yes |
| 100–499 employees (turnover $10M–$100M) | Yes |
| 500+ employees (turnover $100M–$1B) | Yes |
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. You have employees (6–19)
- Pty Ltd company in real estate agents with no employees, turnover $100K–$1M: does not apply. Requires employees.
What you must do, and when
- When due
- At hire; periodic re-check for fixed-term visas.
- Frequency
- Ongoing
- Evidence to keep
- VEVO check screenshot/PDF; periodic re-verifications; passport scan if relevant.
- Status
- Current
- Priority
- Critical
Penalty for not complying
Maximum penalty: Loss of statutory defence + criminal exposure for allowing illegal work.
Criminal liability
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
Obligations with the same applicability test
If this obligation applies to you, so do these 11: the engine uses the same rule for each.
- Pay superannuation on every payday (Payday Super)
- Report under Single Touch Payroll Phase 2
- Pay employees in accordance with the applicable modern award
- Honour employees' right to disconnect (s 333M)
- Verify work rights via VEVO before employment
- Comply with Paid Parental Leave scheme (26 weeks by 1 July 2026)
- Pay annual leave loading where the award or contract provides
- Provide 10 days personal/carer's leave per NES
- Provide 10 days paid family + domestic violence leave (FDV)
- Provide minimum notice of termination (NES s 117)
- Right to Disconnect (s 333M FWA)
Where it sits in the corpus
Rules Mate tracks 5 published obligations tagged "migration", 3 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 2 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.
Regulator, legislation and tools
Regulated by Australian Border Force.
ABF: Federal border enforcement — customs, immigration enforcement, anti-smuggling.
Migration Act 1958: Federal migration regulation.
Free tools that help with this obligation:
Questions
- Who must document VEVO checks + retain employer records (s 245AYL Migration Act)?
- Applies when the business has employees.
- Do sole traders need to document VEVO checks + retain employer records (s 245AYL Migration Act)?
- Depends on size or structure. Across every industry and every size band, the engine's answer for a sole trader is: depends on size or structure.
- Do businesses with 1–5 employees need to document VEVO checks + retain employer records (s 245AYL Migration Act)?
- Yes (1–5 employees, turnover $100K–$1M).
- When is "Document VEVO checks + retain employer records (s 245AYL Migration Act)" due?
- At hire; periodic re-check for fixed-term visas.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.