Is the provision of a professional service liable under the framework?

Under the framework, legitimate recruitment, labour hire or migration agent services (or professional services) would not ordinarily be captured by the offence or civil penalty provision, because payment is not received as an inducement to enter into a sponsorship-related event.  Rather, payment is received in return for the professional services being provided.

If required, this defence is available to a person providing legitimate labour hire or other professional services if they are accused of ‘paying for visa sponsorship’ conduct.