Most visitor visa holders in Australia are subject to condition 8101 — a visa condition that states the holder must not work in Australia. The condition applies to the Subclass 600 Tourist stream, the eVisitor (Subclass 651), the ETA (Subclass 601), and most other visitor-purpose visas. It does not apply to the Subclass 600 Business Visitor stream, which permits short-term business activities (meetings, conferences, negotiations) that are distinct from remunerated work. Understanding the boundary between permitted business visitor activity and prohibited work is essential for corporate travelers, remote workers, and persons attending professional events in Australia. This page explains what counts as work under condition 8101, what business activities are permitted, when the Temporary Activity visa (408) is needed instead, and the consequences of a breach.

For current information on work restrictions and visa conditions, refer to the DHA work restrictions page.

• Migration Regulations 1994, Schedule 8, Condition 8101 — the "must not work in Australia" condition; applied to visitor visas and certain other temporary visas
• Migration Regulations 1994, Schedule 8, Condition 8201 — a related condition: "must not engage in work in any occupation for more than 3 months with any one employer"; applies to some working holiday visas and is distinct from 8101
• Migration Act 1958, s 41 — visas may be granted subject to conditions; conditions are prescribed in Schedule 8 of the Migration Regulations
• Migration Act 1958, s 235 — offence to work in Australia in breach of a visa condition
• DHA: Work restrictions — immi.homeaffairs.gov.au/work-restrictions
• DHA: Visitor visa (Subclass 600) Business Visitor stream — immi.homeaffairs.gov.au/visitor-600-business

Which visitor visas include condition 8101

Condition 8101 is applied to the following visitor-purpose visas (among others):

• Subclass 600 Tourist stream: the main visitor visa for persons coming to Australia for tourism, holidaying, or visiting family and friends
• eVisitor (Subclass 651): available to eligible European passport holders for tourism and business visitor activities; the eVisitor imposes condition 8101
• ETA (Subclass 601): available to eligible passport holders from certain countries; condition 8101 applies
• Subclass 600 Frequent Traveller stream: for regular business travelers; condition 8101 applies

The Subclass 600 Business Visitor stream is the exception — it does not impose a blanket work prohibition but instead allows specific short-term business activities that do not amount to employment or paid work in Australia.

What "work" means under condition 8101

"Work" in the immigration context is interpreted broadly. In general, it includes:

• Any activity for which remuneration is received or expected from an Australian employer, client, or entity
• Activities performed under a contract for services — even where the contract is with an overseas employer, if the services benefit an Australian party
• Remote work performed while physically in Australia — a person working remotely for an overseas employer from within Australia may be regarded as "working in Australia" for the purposes of condition 8101
• Activities that are ordinarily performed by employees — conducting ongoing business operations, managing a business, or supervising staff

The key factor is whether the activity constitutes working — providing services in exchange for value — as opposed to merely attending events, exploring business opportunities, or conducting short-term negotiations.

Permitted business visitor activities — not "work"

The following activities are generally permitted for business visitors and do not constitute work in breach of condition 8101:

• Attending conferences, seminars, and trade fairs as a participant or speaker (where not being paid by an Australian entity)
• Attending business meetings with clients, partners, suppliers, or investors
• Signing contracts or finalising business arrangements
• Conducting site inspections of property, facilities, or projects
• Attending board meetings of a company (as a director or investor visiting from overseas)
• Exploratory activities — assessing whether to invest or establish a business in Australia
• Attending short-term training as a recipient (not delivering training as paid work)

The common thread for permitted activities is that the visitor is not being paid by an Australian entity for Australian services, and is not performing work that would ordinarily require them to have a work visa.

Remote work while visiting — a grey area

With the growth of remote work, many visitors carry laptops and continue working for overseas employers while in Australia. DHA's position on this has become more nuanced. Working remotely for an entirely overseas employer — particularly for short periods — has generally been treated differently from performing services for an Australian entity. However, DHA has not provided a specific safe harbour for remote work, and extended periods of remote work while on a visitor visa create compliance risk. Persons planning extended stays while working remotely should consider whether a different visa class is more appropriate for their situation.

When the Temporary Activity visa (408) is needed

The Temporary Activity visa (Subclass 408) is designed for persons who need to perform activities in Australia that go beyond what is permitted on a visitor visa. The 408 visa has multiple activity streams, including:

• Participating in an Australian Government endorsed event
• Conducting short-term activities on behalf of an overseas organisation (the "exchange" stream)
• Performing activities related to an entertainment production or media production
• Participating in a sporting activity

Persons whose planned activities include performing a defined professional role, participating in a paid event, or conducting activities that have a clear work character should check whether the 408 visa applies to them rather than relying on a visitor visa. For details, see the temporary activity visa page.

Consequences of breaching condition 8101

Working in Australia in breach of condition 8101 can have serious immigration consequences:

• The visa can be cancelled under the Migration Act for non-compliance with a visa condition — cancellation results in the person becoming an unlawful non-citizen and subject to removal
• It is a criminal offence under s235 of the Migration Act to work in Australia in breach of a visa condition — penalties include fines
• A visa breach may affect future visa applications — PIC 4020 (false information) and character considerations may apply if the breach was combined with misrepresentation, and IRCC's (Canadian equivalent) and DHA's assessments of credibility in future applications can be affected by prior non-compliance
• Employers may also face liability for allowing a person to work in Australia without work rights

The remote work question is the emerging area of greatest uncertainty under condition 8101. DHA has not published a definitive policy on remote work performed in Australia for overseas employers on visitor visas, and the issue is likely to come under greater regulatory attention as extended "digital nomad" tourism increases. The safe answer is that short incidental work (checking emails, taking calls) while in Australia on a short stay is unlikely to be characterised as breaching 8101 — but sustained, ongoing remote work from Australia for months at a time carries real risk. The Business Visitor stream of the Subclass 600 is the appropriate pathway for short-term corporate activities; the 408 visa is the appropriate pathway for defined activity-based participation. Persons who are employed by an Australian entity while physically in Australia — including casual or ad hoc arrangements — are clearly working in breach of condition 8101. For current work restriction guidance, the conditions list, and VEVO (the visa entitlement verification online tool), refer to the DHA work restrictions page.