{"id":"C2018A00153","name":"Modern Slavery Act 2018","slug":"modern-slavery-act-2018","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"153 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":55080,"registerId":"commonwealth-C2018A00153-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"## 1 Short title\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"## 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

10 December 2018

2. Sections 3 to 10 and Parts 2 to 4

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 January 2019

(F2018N00189)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Simplified outline of this Act","content":"## 3 Simplified outline of this Act\n\nThis Act requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern slavery in their operations and supply chains, and actions to address those risks. Other entities based, or operating, in Australia may report voluntarily.\n\nThe Commonwealth is required to report on behalf of non‑corporate Commonwealth entities, and the reporting requirements also apply to Commonwealth corporate entities and companies with an annual consolidated revenue of more than $100 million.\n\nReports are kept by the Minister in a public repository known as the Modern Slavery Statements Register. Statements on the register may be accessed by the public, free of charge, on the internet.\n\nThis Act also establishes the Australian Anti‑Slavery Commissioner, sets out the Commissioner’s functions and deals with other matters relating to the role of the Commissioner (including administrative matters).\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"## 4 Definitions\n\n (b) a trust, if the trust estate is a resident trust estate within the meaning of Division 6 of Part III of the Income Tax Assessment Act 1936; or\n (c) a corporate limited partnership which is a resident within the meaning of section 94T of the Income Tax Assessment Act 1936; or\n\n (b) if the entity controls another entity or entities—the total revenue of the entity and all of the controlled entities, considered as a group, for a reporting period of the controlling entity;\n worked out in accordance with the accounting standards, even if those standards do not otherwise apply to such an entity (including a controlling entity) or group.\n\n (c) trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27); or\n (d) the worst forms of child labour, as defined in Article 3 of the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (b) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed body within the entity, or a prescribed member or members of the entity.\n\n> reporting period, of an entity, means a financial year, or another annual accounting period applicable to the entity, which starts after the commencement of this section.\n\n (a) an individual member of the entity’s principal governing body who is authorised to sign modern slavery statements for the purposes of this Act; or\n (e) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed member of the entity.\n\n (a) the public disclosure of the information would, or could reasonably be expected to, prejudice the investigation of, or the prosecution of a person for, an offence; or\n (b) the public disclosure of the information would, or could reasonably be expected to, endanger the life or safety of any person; or\n (i) the public disclosure of the information would, or could reasonably be expected to, prejudice the security, defence or international relations of Australia;\n (ii) the information was given in confidence to the Commissioner, a member of the staff assisting the Commissioner (see section 20F), a person engaged to assist the Commissioner under section 20G or a person engaged as a consultant under section 20H, acting in that capacity;\n (iii) written consent to the public disclosure of the information has not been given by the person or body that gave the information.\n\n> strategic plan means a strategic plan prepared under section 20X and includes a strategic plan as revised under that section.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of reporting entity","content":"## 5 Meaning of reporting entity\n\n (c) a corporate Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013, which has a consolidated revenue of at least $100 million for the reporting period;\n\n> Note: The Commonwealth is required to report on behalf of non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013: see section 15 of this Act.\n\n (a) in the case of a body corporate—carries on business in Australia, a State or a Territory within the meaning of the Corporations Act 2001 (see section 21 of that Act); or\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Voluntary modern slavery statements","content":"## 6 Voluntary modern slavery statements\n\n (1) An entity covered by subsection (2) may volunteer to comply with the requirements of this Act for a reporting period, or reporting periods, by giving written notice to the Minister accordingly before the end of the reporting period (or the earliest of the reporting periods), in a manner and form approved by the Minister.\n\n (3) An entity may revoke a notice given under subsection (1), to the extent that it applies in relation to a reporting period or periods, by giving written notice accordingly to the Minister before the start of the reporting period, or the earliest of the reporting periods.\n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Constitutional basis","content":"## 7 Constitutional basis\n\n (2) Without limiting subparagraph (1)(a)(vii), this Act’s reliance on the Commonwealth’s legislative powers under paragraph 51(xxix) of the Constitution is based on purposes including giving effect to the following international agreements, as amended and in force for Australia from time to time:\n (a) the International Convention to Suppress the Slave Trade and Slavery, done at Geneva on 25 September 1926 (\\[1927\\] ATS 11);\n (b) the ILO Convention (No. 29) concerning Forced or Compulsory Labour, done at Geneva on 28 June 1930 (\\[1933\\] ATS 21);\n (c) the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery, done at Geneva on 7 September 1956 (\\[1958\\] ATS 3);\n (e) the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979 (\\[1983\\] ATS 9);\n (g) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27);\n (h) the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done at New York on 25 May 2000 (\\[2007\\] ATS 6);\n (i) the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Act binds the Crown","content":"## 8 Act binds the Crown\n\n This Act binds the Crown in right of the Commonwealth. However, it does not bind the Crown in right of a State, the Australian Capital Territory or the Northern Territory.\n\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Extension to external Territories","content":"## 9 Extension to external Territories\n\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Extra‑territorial application","content":"## 10 Extra‑territorial application\n\n","sortOrder":10},{"sectionNumber":"Part Part 2","sectionType":"part","heading":"Modern slavery statements","content":"## Part 2 Modern slavery statements\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Simplified outline of this Part","content":"## 11 Simplified outline of this Part\n\nThis Part requires modern slavery statements to be given annually to the Minister, describing the risks of modern slavery in the operations and supply chains of reporting entities and entities owned or controlled by those entities.\n\nThe Minister may request an explanation from an entity about the entity’s failure to comply with a requirement in relation to modern slavery statements, and may also request that the entity undertake remedial action in relation to that requirement. If the entity fails to comply with the request, the Minister may publish information about the failure to comply on the register or elsewhere, including the identity of the entity.\n\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of modern slavery statement","content":"## 12 Meaning of modern slavery statement\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Modern slavery statements for single reporting entities","content":"## 13 Modern slavery statements for single reporting entities\n\n (1) A reporting entity must give the Minister a modern slavery statement for the entity, for a reporting period, unless a modern slavery statement has been given covering the entity for that period under section 14 (joint modern slavery statements) or 15 (Commonwealth modern slavery statements).\n (e) is given to the Minister within 6 months after the end of the reporting period for the entity, in a manner approved by the Minister.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Joint modern slavery statements","content":"## 14 Joint modern slavery statements\n\n (1) An entity, other than the Commonwealth, may give the Minister a modern slavery statement covering one or more reporting entities (which may include the entity giving the statement), for a reporting period for those reporting entities.\n (ii) an entity (the higher entity) which is in a position, directly or indirectly, to influence or control each reporting entity covered by the statement, whether or not the higher entity is itself covered by the statement; or\n (iii) if it is not practicable to comply with subparagraph (i) or (ii)—at least one reporting entity covered by the statement; and\n (i) within 6 months after the end of the reporting period for the entities covered by the statement, in a manner approved by the Minister; or\n\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Commonwealth modern slavery statements","content":"## 15 Commonwealth modern slavery statements\n\n (1) The Minister must prepare a modern slavery statement for the Commonwealth, for a reporting period, covering all non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Mandatory criteria for modern slavery statements","content":"## 16 Mandatory criteria for modern slavery statements\n\n (c) describe the risks of modern slavery practices in the operations and supply chains of the reporting entity, and any entities that the reporting entity owns or controls; and\n (d) describe the actions taken by the reporting entity and any entity that the reporting entity owns or controls, to assess and address those risks, including due diligence and remediation processes; and\n\n> Note: Example: For paragraph (d), actions taken by an entity may include the development of policies and processes to address modern slavery risks, and providing training for staff about modern slavery.\n\n (2) A modern slavery statement, other than a statement to be given under section 15 (Commonwealth modern slavery statements), must include:\n (a) for a statement to be given under section 13 (modern slavery statements for single reporting entities)—details of approval by the principal governing body of the reporting entity; or\n (ii) if subparagraph 14(2)(d)(iii) applies—an explanation of why it is not practicable to comply with subparagraph 14(2)(d)(i) or (ii).\n\n","sortOrder":17},{"sectionNumber":"16A","sectionType":"section","heading":"Explanations for failure to comply etc.","content":"## 16A Explanations for failure to comply etc.\n\n (1) If the Minister is reasonably satisfied that an entity has failed to comply with a requirement under section 13 or 14 (which deal with requirements to give modern slavery statements), the Minister may give a written request to the entity to do either or both of the following:\n (a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given;\n (b) undertake specified remedial action in relation to that requirement in accordance with the request within a specified period of 28 days or longer after the request is given.\n\n> Note: Example: For a request relating to a failure to give a modern slavery statement to the Minister within the period required by section 13, remedial action specified under paragraph (b) of this subsection may be to give a modern slavery statement to the Minister within a further period specified in the request.\n\n (2) The Minister may extend, or further extend, a period specified in a request under subsection (1) by written notice given to the entity. The extension may be given before or after the end of the specified period (or that period as previously extended).\n (4) If the Minister is reasonably satisfied that an entity has failed to comply with a request under subsection (1), the Minister may publish the following information on the register, or in any other way the Minister considers appropriate:\n (b) if the request relates to the entity’s failure to comply with subsection 14(2) (joint modern slavery statements) in relation to a modern slavery statement—the identities of the reporting entities covered by the statement;\n (a) no explanation is given in response to the request within the period specified in the request under paragraph (1)(a) (as extended, if at all, under subsection (2)); or\n (b) no remedial action is undertaken in response to the request within the period specified in the request under paragraph (1)(b) (as extended, if at all, under subsection (2)).\n (6) Applications may be made to the Administrative Review Tribunal for review of the Minister’s decision under subsection (4) to publish information about an entity’s failure to comply with a request under subsection (1).\n\n","sortOrder":18},{"sectionNumber":"Part Part 3","sectionType":"part","heading":"Access to modern slavery statements","content":"## Part 3 Access to modern slavery statements\n\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Simplified outline of this Part","content":"## 17 Simplified outline of this Part\n\n","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Modern Slavery Statements Register","content":"## 18 Modern Slavery Statements Register\n\n (1) The Minister must maintain a register of modern slavery statements, to be known as the Modern Slavery Statements Register.\n\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Registration of modern slavery statements","content":"## 19 Registration of modern slavery statements\n\n (a) given in accordance with section 13 (modern slavery statements for single reporting entities) or 14 (joint modern slavery statements); or\n (2) The Minister may register a statement given for the purposes of compliance with section 13 or 14 (including a statement given in response to a request under section 16A) even if the entity giving the statement does not comply with the requirements of subsection 13(2) or 14(2).\n\n> Note: However, the Minister may elect not to register a modern slavery statement if the entity does not comply with those requirements.\n\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Registration of revised modern slavery statements","content":"## 20 Registration of revised modern slavery statements\n\n (1) An entity (other than the Commonwealth) may, by written notice to the Minister, accompanied by a revised version of a registered modern slavery statement given by the entity, request the Minister to register the revised version.\n (2) The revised version of the modern slavery statement must indicate the date of the revision and include a description of the changes made to the registered statement (or to the most recently registered revised version of the statement).\n (3) The Minister must register the revised version of the modern slavery statement, if the revised version complies with the requirements mentioned in the following provisions:\n (4) The Minister may register a revised version of a modern slavery statement even if it does not comply with the requirements mentioned in paragraph (3)(a) or (b).\n\n> Note: However, the Minister may elect not to register a revised version of a modern slavery statement which does not comply with those requirements.\n\n (5) For a modern slavery statement registered under section 15 (Commonwealth modern slavery statements), the Minister may register a revised version of the statement that complies with section 16 and subsection (2) of this section.\n\n","sortOrder":23},{"sectionNumber":"Part Part 3A","sectionType":"part","heading":"Australian Anti‑Slavery Commissioner","content":"## Part 3A Australian Anti‑Slavery Commissioner\n\nAn Act to require some entities to report on the risks of modern slavery in their operations and supply chains and actions to address those risks, to establish the Australian Anti‑Slavery Commissioner, and for related purposes\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

10 December 2018

2. Sections 3 to 10 and Parts 2 to 4

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 January 2019

(F2018N00189)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nThis Act requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern slavery in their operations and supply chains, and actions to address those risks. Other entities based, or operating, in Australia may report voluntarily.\n\nThe Commonwealth is required to report on behalf of non‑corporate Commonwealth entities, and the reporting requirements also apply to Commonwealth corporate entities and companies with an annual consolidated revenue of more than $100 million.\n\nReports are kept by the Minister in a public repository known as the Modern Slavery Statements Register. Statements on the register may be accessed by the public, free of charge, on the internet.\n\nThis Act also establishes the Australian Anti‑Slavery Commissioner, sets out the Commissioner’s functions and deals with other matters relating to the role of the Commissioner (including administrative matters).\n\n (b) a trust, if the trust estate is a resident trust estate within the meaning of Division 6 of Part III of the Income Tax Assessment Act 1936; or\n (c) a corporate limited partnership which is a resident within the meaning of section 94T of the Income Tax Assessment Act 1936; or\n\n (b) if the entity controls another entity or entities—the total revenue of the entity and all of the controlled entities, considered as a group, for a reporting period of the controlling entity;\n worked out in accordance with the accounting standards, even if those standards do not otherwise apply to such an entity (including a controlling entity) or group.\n\n (c) trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27); or\n (d) the worst forms of child labour, as defined in Article 3 of the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (b) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed body within the entity, or a prescribed member or members of the entity.\n\n> reporting period, of an entity, means a financial year, or another annual accounting period applicable to the entity, which starts after the commencement of this section.\n\n (a) an individual member of the entity’s principal governing body who is authorised to sign modern slavery statements for the purposes of this Act; or\n (e) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed member of the entity.\n\n (a) the public disclosure of the information would, or could reasonably be expected to, prejudice the investigation of, or the prosecution of a person for, an offence; or\n (b) the public disclosure of the information would, or could reasonably be expected to, endanger the life or safety of any person; or\n (i) the public disclosure of the information would, or could reasonably be expected to, prejudice the security, defence or international relations of Australia;\n (ii) the information was given in confidence to the Commissioner, a member of the staff assisting the Commissioner (see section 20F), a person engaged to assist the Commissioner under section 20G or a person engaged as a consultant under section 20H, acting in that capacity;\n (iii) written consent to the public disclosure of the information has not been given by the person or body that gave the information.\n\n> strategic plan means a strategic plan prepared under section 20X and includes a strategic plan as revised under that section.\n\n (c) a corporate Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013, which has a consolidated revenue of at least $100 million for the reporting period;\n\n> Note: The Commonwealth is required to report on behalf of non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013: see section 15 of this Act.\n\n (a) in the case of a body corporate—carries on business in Australia, a State or a Territory within the meaning of the Corporations Act 2001 (see section 21 of that Act); or\n\n (1) An entity covered by subsection (2) may volunteer to comply with the requirements of this Act for a reporting period, or reporting periods, by giving written notice to the Minister accordingly before the end of the reporting period (or the earliest of the reporting periods), in a manner and form approved by the Minister.\n\n (3) An entity may revoke a notice given under subsection (1), to the extent that it applies in relation to a reporting period or periods, by giving written notice accordingly to the Minister before the start of the reporting period, or the earliest of the reporting periods.\n\n (2) Without limiting subparagraph (1)(a)(vii), this Act’s reliance on the Commonwealth’s legislative powers under paragraph 51(xxix) of the Constitution is based on purposes including giving effect to the following international agreements, as amended and in force for Australia from time to time:\n (a) the International Convention to Suppress the Slave Trade and Slavery, done at Geneva on 25 September 1926 (\\[1927\\] ATS 11);\n (b) the ILO Convention (No. 29) concerning Forced or Compulsory Labour, done at Geneva on 28 June 1930 (\\[1933\\] ATS 21);\n (c) the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery, done at Geneva on 7 September 1956 (\\[1958\\] ATS 3);\n (e) the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979 (\\[1983\\] ATS 9);\n (g) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27);\n (h) the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done at New York on 25 May 2000 (\\[2007\\] ATS 6);\n (i) the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n This Act binds the Crown in right of the Commonwealth. However, it does not bind the Crown in right of a State, the Australian Capital Territory or the Northern Territory.\n\nThis Part requires modern slavery statements to be given annually to the Minister, describing the risks of modern slavery in the operations and supply chains of reporting entities and entities owned or controlled by those entities.\n\nThe Minister may request an explanation from an entity about the entity’s failure to comply with a requirement in relation to modern slavery statements, and may also request that the entity undertake remedial action in relation to that requirement. If the entity fails to comply with the request, the Minister may publish information about the failure to comply on the register or elsewhere, including the identity of the entity.\n\n (1) A reporting entity must give the Minister a modern slavery statement for the entity, for a reporting period, unless a modern slavery statement has been given covering the entity for that period under section 14 (joint modern slavery statements) or 15 (Commonwealth modern slavery statements).\n (e) is given to the Minister within 6 months after the end of the reporting period for the entity, in a manner approved by the Minister.\n\n (1) An entity, other than the Commonwealth, may give the Minister a modern slavery statement covering one or more reporting entities (which may include the entity giving the statement), for a reporting period for those reporting entities.\n (ii) an entity (the higher entity) which is in a position, directly or indirectly, to influence or control each reporting entity covered by the statement, whether or not the higher entity is itself covered by the statement; or\n (iii) if it is not practicable to comply with subparagraph (i) or (ii)—at least one reporting entity covered by the statement; and\n (i) within 6 months after the end of the reporting period for the entities covered by the statement, in a manner approved by the Minister; or\n\n (1) The Minister must prepare a modern slavery statement for the Commonwealth, for a reporting period, covering all non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n (c) describe the risks of modern slavery practices in the operations and supply chains of the reporting entity, and any entities that the reporting entity owns or controls; and\n (d) describe the actions taken by the reporting entity and any entity that the reporting entity owns or controls, to assess and address those risks, including due diligence and remediation processes; and\n\n> Note: Example: For paragraph (d), actions taken by an entity may include the development of policies and processes to address modern slavery risks, and providing training for staff about modern slavery.\n\n (2) A modern slavery statement, other than a statement to be given under section 15 (Commonwealth modern slavery statements), must include:\n (a) for a statement to be given under section 13 (modern slavery statements for single reporting entities)—details of approval by the principal governing body of the reporting entity; or\n (ii) if subparagraph 14(2)(d)(iii) applies—an explanation of why it is not practicable to comply with subparagraph 14(2)(d)(i) or (ii).\n\n (1) If the Minister is reasonably satisfied that an entity has failed to comply with a requirement under section 13 or 14 (which deal with requirements to give modern slavery statements), the Minister may give a written request to the entity to do either or both of the following:\n (a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given;\n (b) undertake specified remedial action in relation to that requirement in accordance with the request within a specified period of 28 days or longer after the request is given.\n\n> Note: Example: For a request relating to a failure to give a modern slavery statement to the Minister within the period required by section 13, remedial action specified under paragraph (b) of this subsection may be to give a modern slavery statement to the Minister within a further period specified in the request.\n\n (2) The Minister may extend, or further extend, a period specified in a request under subsection (1) by written notice given to the entity. The extension may be given before or after the end of the specified period (or that period as previously extended).\n (4) If the Minister is reasonably satisfied that an entity has failed to comply with a request under subsection (1), the Minister may publish the following information on the register, or in any other way the Minister considers appropriate:\n (b) if the request relates to the entity’s failure to comply with subsection 14(2) (joint modern slavery statements) in relation to a modern slavery statement—the identities of the reporting entities covered by the statement;\n (a) no explanation is given in response to the request within the period specified in the request under paragraph (1)(a) (as extended, if at all, under subsection (2)); or\n (b) no remedial action is undertaken in response to the request within the period specified in the request under paragraph (1)(b) (as extended, if at all, under subsection (2)).\n (6) Applications may be made to the Administrative Review Tribunal for review of the Minister’s decision under subsection (4) to publish information about an entity’s failure to comply with a request under subsection (1).\n\n (1) The Minister must maintain a register of modern slavery statements, to be known as the Modern Slavery Statements Register.\n\n (a) given in accordance with section 13 (modern slavery statements for single reporting entities) or 14 (joint modern slavery statements); or\n (2) The Minister may register a statement given for the purposes of compliance with section 13 or 14 (including a statement given in response to a request under section 16A) even if the entity giving the statement does not comply with the requirements of subsection 13(2) or 14(2).\n\n> Note: However, the Minister may elect not to register a modern slavery statement if the entity does not comply with those requirements.\n\n (1) An entity (other than the Commonwealth) may, by written notice to the Minister, accompanied by a revised version of a registered modern slavery statement given by the entity, request the Minister to register the revised version.\n (2) The revised version of the modern slavery statement must indicate the date of the revision and include a description of the changes made to the registered statement (or to the most recently registered revised version of the statement).\n (3) The Minister must register the revised version of the modern slavery statement, if the revised version complies with the requirements mentioned in the following provisions:\n (4) The Minister may register a revised version of a modern slavery statement even if it does not comply with the requirements mentioned in paragraph (3)(a) or (b).\n\n> Note: However, the Minister may elect not to register a revised version of a modern slavery statement which does not comply with those requirements.\n\n (5) For a modern slavery statement registered under section 15 (Commonwealth modern slavery statements), the Minister may register a revised version of the statement that complies with section 16 and subsection (2) of this section.\n\nThe Commissioner has functions relating to addressing modern slavery and supporting victims of modern slavery. The Commissioner’s functions include consulting and liaising with a range of persons, and advocating to the Commonwealth Government, in relation to modern slavery.\n\nThis Part deals with administrative matters relating to the Commissioner, including the appointment of the Commissioner, the terms and conditions on which the Commissioner holds office and arrangements relating to staff, contractors and consultants.\n\nThis Part also deals with requests for information from Commonwealth agencies, information disclosure, strategic plans and annual reports.\n\n (b) to support Australian entities and entities carrying on business in Australia to address risks of modern slavery practices in their operations and supply chains, and in the operations and supply chains of entities they own or control;\n (d) to support victims of modern slavery by providing information in relation to government and non‑government resources, programs and services, including by developing and maintaining guidance material and making such material publicly available;\n (e) to engage with, and promote engagement with, victims of modern slavery to inform measures for addressing modern slavery;\n (i) to consult and liaise with Commonwealth, State and Territory governments, agencies, bodies and office holders on matters relating to modern slavery;\n (k) to advocate to the Commonwealth Government on matters relating to modern slavery, including for continuous improvement in policy and practice;\n (2) To avoid doubt, the Commissioner may not investigate, or resolve complaints concerning, individual instances or suspected instances of modern slavery.\n\n In performing the Commissioner’s functions, the Commissioner must have regard to Australia’s international obligations under the international agreements mentioned in subsection 7(2).\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Commissioner is an official of the Department.\n\n (1) The staff assisting the Commissioner are to be APS employees in the Department whose services are made available to the Commissioner by the Secretary of the Department, in connection with the performance of any of the Commissioner’s functions or the exercise of any of the Commissioner’s powers.\n (2) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage persons under a written agreement to assist the Commissioner to perform or exercise the functions or powers of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage consultants to advise in relation to the performance of the Commissioner’s functions.\n\n The Commissioner, and any person acting under the direction or authority of the Commissioner, is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the performance or purported performance, or exercise or purported exercise, of a function or power conferred by this Act.\n\n> Note: Qualifications, knowledge or experience in public policy relating to modern slavery or related forms of human exploitation may include experience engaging with victims of modern slavery or human trafficking.\n\n (3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Commissioner under a previous appointment under subsection (1).\n\n As soon as practicable after the office of the Commissioner becomes vacant, a Commissioner or acting Commissioner must be appointed under section 20L or 20P.\n\n (1) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n\n (2) A person must not be appointed to act as the Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience to be appointed as the Commissioner.\n\n (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n\n (2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the approval of the Minister.\n\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n (b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.\n (c) the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office (see section 20S); or\n (d) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n (1) If the Commissioner reasonably believes that a Commonwealth agency has information relevant to the performance of the Commissioner’s functions, the Commissioner may, in writing, request the agency to give the information to the Commissioner.\n (2) The request may specify a period within which the information is to be given. The period specified must be reasonable.\n\n (b) a person who performs the functions of, or performs functions within, a Commonwealth entity (within the meaning of that Act).\n\n (1) This section applies to information obtained by any of the following persons in the person’s capacity as such a person:\n (2) The Commissioner may disclose the information to a person or body mentioned in subsection (3) if the Commissioner reasonably believes the disclosure will enable or assist the person or body to perform or exercise any of the person or body’s functions or powers.\n\n (b) state the Commissioner’s priorities and principal objectives for the period in relation to the performance of the Commissioner’s functions; and\n (c) include, as one such principal objective, the Commissioner making guidance material publicly available to support victims of modern slavery.\n (7) The Commissioner must cause a strategic plan to be published on the Commissioner’s website as soon as practicable after the plan is prepared or revised (as the case may be).\n\n (1) The Commissioner must, within 3 months after the end of a financial year, prepare and give to the Minister an annual report on the Commissioner’s activities during the financial year.\n\n (b) the progress made towards any objectives set out in the strategic plan or plans that were in force during all or part of the financial year; and\n (c) a description of any milestones in relation to the Commissioner’s activities that were reached during the financial year; and\n (3) If the Commissioner considers that the annual report contains sensitive information, the Commissioner must also prepare and give to the Minister, at the same time as the annual report, a version of the report which does not contain that information.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be published on the Commissioner’s website as soon as practicable after the report is tabled in the House of Representatives.\n\n (1) The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers under this Act to an APS employee whose services have been made available under section 20F and who is:\n (2) In performing functions or exercising powers under the delegation, the delegate must comply with any written directions of the Commissioner.\n\n (1) The Minister may, by writing, delegate all or any of the Minister’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n\n (1) The Minister must cause a report to be prepared for each calendar year (including the year in which this section commences) about the implementation of this Act during the year, including the following (without limitation):\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n (ab) whether additional measures to improve compliance with this Act and any rules are necessary or desirable, such as civil penalties for failure to comply with the requirements of this Act; and\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n","sortOrder":24},{"sectionNumber":"Div Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nAn Act to require some entities to report on the risks of modern slavery in their operations and supply chains and actions to address those risks, to establish the Australian Anti‑Slavery Commissioner, and for related purposes\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

10 December 2018

2. Sections 3 to 10 and Parts 2 to 4

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 January 2019

(F2018N00189)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nThis Act requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern slavery in their operations and supply chains, and actions to address those risks. Other entities based, or operating, in Australia may report voluntarily.\n\nThe Commonwealth is required to report on behalf of non‑corporate Commonwealth entities, and the reporting requirements also apply to Commonwealth corporate entities and companies with an annual consolidated revenue of more than $100 million.\n\nReports are kept by the Minister in a public repository known as the Modern Slavery Statements Register. Statements on the register may be accessed by the public, free of charge, on the internet.\n\nThis Act also establishes the Australian Anti‑Slavery Commissioner, sets out the Commissioner’s functions and deals with other matters relating to the role of the Commissioner (including administrative matters).\n\n (b) a trust, if the trust estate is a resident trust estate within the meaning of Division 6 of Part III of the Income Tax Assessment Act 1936; or\n (c) a corporate limited partnership which is a resident within the meaning of section 94T of the Income Tax Assessment Act 1936; or\n\n (b) if the entity controls another entity or entities—the total revenue of the entity and all of the controlled entities, considered as a group, for a reporting period of the controlling entity;\n worked out in accordance with the accounting standards, even if those standards do not otherwise apply to such an entity (including a controlling entity) or group.\n\n (c) trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27); or\n (d) the worst forms of child labour, as defined in Article 3 of the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (b) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed body within the entity, or a prescribed member or members of the entity.\n\n> reporting period, of an entity, means a financial year, or another annual accounting period applicable to the entity, which starts after the commencement of this section.\n\n (a) an individual member of the entity’s principal governing body who is authorised to sign modern slavery statements for the purposes of this Act; or\n (e) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed member of the entity.\n\n (a) the public disclosure of the information would, or could reasonably be expected to, prejudice the investigation of, or the prosecution of a person for, an offence; or\n (b) the public disclosure of the information would, or could reasonably be expected to, endanger the life or safety of any person; or\n (i) the public disclosure of the information would, or could reasonably be expected to, prejudice the security, defence or international relations of Australia;\n (ii) the information was given in confidence to the Commissioner, a member of the staff assisting the Commissioner (see section 20F), a person engaged to assist the Commissioner under section 20G or a person engaged as a consultant under section 20H, acting in that capacity;\n (iii) written consent to the public disclosure of the information has not been given by the person or body that gave the information.\n\n> strategic plan means a strategic plan prepared under section 20X and includes a strategic plan as revised under that section.\n\n (c) a corporate Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013, which has a consolidated revenue of at least $100 million for the reporting period;\n\n> Note: The Commonwealth is required to report on behalf of non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013: see section 15 of this Act.\n\n (a) in the case of a body corporate—carries on business in Australia, a State or a Territory within the meaning of the Corporations Act 2001 (see section 21 of that Act); or\n\n (1) An entity covered by subsection (2) may volunteer to comply with the requirements of this Act for a reporting period, or reporting periods, by giving written notice to the Minister accordingly before the end of the reporting period (or the earliest of the reporting periods), in a manner and form approved by the Minister.\n\n (3) An entity may revoke a notice given under subsection (1), to the extent that it applies in relation to a reporting period or periods, by giving written notice accordingly to the Minister before the start of the reporting period, or the earliest of the reporting periods.\n\n (2) Without limiting subparagraph (1)(a)(vii), this Act’s reliance on the Commonwealth’s legislative powers under paragraph 51(xxix) of the Constitution is based on purposes including giving effect to the following international agreements, as amended and in force for Australia from time to time:\n (a) the International Convention to Suppress the Slave Trade and Slavery, done at Geneva on 25 September 1926 (\\[1927\\] ATS 11);\n (b) the ILO Convention (No. 29) concerning Forced or Compulsory Labour, done at Geneva on 28 June 1930 (\\[1933\\] ATS 21);\n (c) the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery, done at Geneva on 7 September 1956 (\\[1958\\] ATS 3);\n (e) the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979 (\\[1983\\] ATS 9);\n (g) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27);\n (h) the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done at New York on 25 May 2000 (\\[2007\\] ATS 6);\n (i) the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n This Act binds the Crown in right of the Commonwealth. However, it does not bind the Crown in right of a State, the Australian Capital Territory or the Northern Territory.\n\nThis Part requires modern slavery statements to be given annually to the Minister, describing the risks of modern slavery in the operations and supply chains of reporting entities and entities owned or controlled by those entities.\n\nThe Minister may request an explanation from an entity about the entity’s failure to comply with a requirement in relation to modern slavery statements, and may also request that the entity undertake remedial action in relation to that requirement. If the entity fails to comply with the request, the Minister may publish information about the failure to comply on the register or elsewhere, including the identity of the entity.\n\n (1) A reporting entity must give the Minister a modern slavery statement for the entity, for a reporting period, unless a modern slavery statement has been given covering the entity for that period under section 14 (joint modern slavery statements) or 15 (Commonwealth modern slavery statements).\n (e) is given to the Minister within 6 months after the end of the reporting period for the entity, in a manner approved by the Minister.\n\n (1) An entity, other than the Commonwealth, may give the Minister a modern slavery statement covering one or more reporting entities (which may include the entity giving the statement), for a reporting period for those reporting entities.\n (ii) an entity (the higher entity) which is in a position, directly or indirectly, to influence or control each reporting entity covered by the statement, whether or not the higher entity is itself covered by the statement; or\n (iii) if it is not practicable to comply with subparagraph (i) or (ii)—at least one reporting entity covered by the statement; and\n (i) within 6 months after the end of the reporting period for the entities covered by the statement, in a manner approved by the Minister; or\n\n (1) The Minister must prepare a modern slavery statement for the Commonwealth, for a reporting period, covering all non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n (c) describe the risks of modern slavery practices in the operations and supply chains of the reporting entity, and any entities that the reporting entity owns or controls; and\n (d) describe the actions taken by the reporting entity and any entity that the reporting entity owns or controls, to assess and address those risks, including due diligence and remediation processes; and\n\n> Note: Example: For paragraph (d), actions taken by an entity may include the development of policies and processes to address modern slavery risks, and providing training for staff about modern slavery.\n\n (2) A modern slavery statement, other than a statement to be given under section 15 (Commonwealth modern slavery statements), must include:\n (a) for a statement to be given under section 13 (modern slavery statements for single reporting entities)—details of approval by the principal governing body of the reporting entity; or\n (ii) if subparagraph 14(2)(d)(iii) applies—an explanation of why it is not practicable to comply with subparagraph 14(2)(d)(i) or (ii).\n\n (1) If the Minister is reasonably satisfied that an entity has failed to comply with a requirement under section 13 or 14 (which deal with requirements to give modern slavery statements), the Minister may give a written request to the entity to do either or both of the following:\n (a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given;\n (b) undertake specified remedial action in relation to that requirement in accordance with the request within a specified period of 28 days or longer after the request is given.\n\n> Note: Example: For a request relating to a failure to give a modern slavery statement to the Minister within the period required by section 13, remedial action specified under paragraph (b) of this subsection may be to give a modern slavery statement to the Minister within a further period specified in the request.\n\n (2) The Minister may extend, or further extend, a period specified in a request under subsection (1) by written notice given to the entity. The extension may be given before or after the end of the specified period (or that period as previously extended).\n (4) If the Minister is reasonably satisfied that an entity has failed to comply with a request under subsection (1), the Minister may publish the following information on the register, or in any other way the Minister considers appropriate:\n (b) if the request relates to the entity’s failure to comply with subsection 14(2) (joint modern slavery statements) in relation to a modern slavery statement—the identities of the reporting entities covered by the statement;\n (a) no explanation is given in response to the request within the period specified in the request under paragraph (1)(a) (as extended, if at all, under subsection (2)); or\n (b) no remedial action is undertaken in response to the request within the period specified in the request under paragraph (1)(b) (as extended, if at all, under subsection (2)).\n (6) Applications may be made to the Administrative Review Tribunal for review of the Minister’s decision under subsection (4) to publish information about an entity’s failure to comply with a request under subsection (1).\n\n (1) The Minister must maintain a register of modern slavery statements, to be known as the Modern Slavery Statements Register.\n\n (a) given in accordance with section 13 (modern slavery statements for single reporting entities) or 14 (joint modern slavery statements); or\n (2) The Minister may register a statement given for the purposes of compliance with section 13 or 14 (including a statement given in response to a request under section 16A) even if the entity giving the statement does not comply with the requirements of subsection 13(2) or 14(2).\n\n> Note: However, the Minister may elect not to register a modern slavery statement if the entity does not comply with those requirements.\n\n (1) An entity (other than the Commonwealth) may, by written notice to the Minister, accompanied by a revised version of a registered modern slavery statement given by the entity, request the Minister to register the revised version.\n (2) The revised version of the modern slavery statement must indicate the date of the revision and include a description of the changes made to the registered statement (or to the most recently registered revised version of the statement).\n (3) The Minister must register the revised version of the modern slavery statement, if the revised version complies with the requirements mentioned in the following provisions:\n (4) The Minister may register a revised version of a modern slavery statement even if it does not comply with the requirements mentioned in paragraph (3)(a) or (b).\n\n> Note: However, the Minister may elect not to register a revised version of a modern slavery statement which does not comply with those requirements.\n\n (5) For a modern slavery statement registered under section 15 (Commonwealth modern slavery statements), the Minister may register a revised version of the statement that complies with section 16 and subsection (2) of this section.\n\nThe Commissioner has functions relating to addressing modern slavery and supporting victims of modern slavery. The Commissioner’s functions include consulting and liaising with a range of persons, and advocating to the Commonwealth Government, in relation to modern slavery.\n\nThis Part deals with administrative matters relating to the Commissioner, including the appointment of the Commissioner, the terms and conditions on which the Commissioner holds office and arrangements relating to staff, contractors and consultants.\n\nThis Part also deals with requests for information from Commonwealth agencies, information disclosure, strategic plans and annual reports.\n\n (b) to support Australian entities and entities carrying on business in Australia to address risks of modern slavery practices in their operations and supply chains, and in the operations and supply chains of entities they own or control;\n (d) to support victims of modern slavery by providing information in relation to government and non‑government resources, programs and services, including by developing and maintaining guidance material and making such material publicly available;\n (e) to engage with, and promote engagement with, victims of modern slavery to inform measures for addressing modern slavery;\n (i) to consult and liaise with Commonwealth, State and Territory governments, agencies, bodies and office holders on matters relating to modern slavery;\n (k) to advocate to the Commonwealth Government on matters relating to modern slavery, including for continuous improvement in policy and practice;\n (2) To avoid doubt, the Commissioner may not investigate, or resolve complaints concerning, individual instances or suspected instances of modern slavery.\n\n In performing the Commissioner’s functions, the Commissioner must have regard to Australia’s international obligations under the international agreements mentioned in subsection 7(2).\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Commissioner is an official of the Department.\n\n (1) The staff assisting the Commissioner are to be APS employees in the Department whose services are made available to the Commissioner by the Secretary of the Department, in connection with the performance of any of the Commissioner’s functions or the exercise of any of the Commissioner’s powers.\n (2) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage persons under a written agreement to assist the Commissioner to perform or exercise the functions or powers of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage consultants to advise in relation to the performance of the Commissioner’s functions.\n\n The Commissioner, and any person acting under the direction or authority of the Commissioner, is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the performance or purported performance, or exercise or purported exercise, of a function or power conferred by this Act.\n\n> Note: Qualifications, knowledge or experience in public policy relating to modern slavery or related forms of human exploitation may include experience engaging with victims of modern slavery or human trafficking.\n\n (3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Commissioner under a previous appointment under subsection (1).\n\n As soon as practicable after the office of the Commissioner becomes vacant, a Commissioner or acting Commissioner must be appointed under section 20L or 20P.\n\n (1) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n\n (2) A person must not be appointed to act as the Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience to be appointed as the Commissioner.\n\n (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n\n (2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the approval of the Minister.\n\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n (b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.\n (c) the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office (see section 20S); or\n (d) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n (1) If the Commissioner reasonably believes that a Commonwealth agency has information relevant to the performance of the Commissioner’s functions, the Commissioner may, in writing, request the agency to give the information to the Commissioner.\n (2) The request may specify a period within which the information is to be given. The period specified must be reasonable.\n\n (b) a person who performs the functions of, or performs functions within, a Commonwealth entity (within the meaning of that Act).\n\n (1) This section applies to information obtained by any of the following persons in the person’s capacity as such a person:\n (2) The Commissioner may disclose the information to a person or body mentioned in subsection (3) if the Commissioner reasonably believes the disclosure will enable or assist the person or body to perform or exercise any of the person or body’s functions or powers.\n\n (b) state the Commissioner’s priorities and principal objectives for the period in relation to the performance of the Commissioner’s functions; and\n (c) include, as one such principal objective, the Commissioner making guidance material publicly available to support victims of modern slavery.\n (7) The Commissioner must cause a strategic plan to be published on the Commissioner’s website as soon as practicable after the plan is prepared or revised (as the case may be).\n\n (1) The Commissioner must, within 3 months after the end of a financial year, prepare and give to the Minister an annual report on the Commissioner’s activities during the financial year.\n\n (b) the progress made towards any objectives set out in the strategic plan or plans that were in force during all or part of the financial year; and\n (c) a description of any milestones in relation to the Commissioner’s activities that were reached during the financial year; and\n (3) If the Commissioner considers that the annual report contains sensitive information, the Commissioner must also prepare and give to the Minister, at the same time as the annual report, a version of the report which does not contain that information.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be published on the Commissioner’s website as soon as practicable after the report is tabled in the House of Representatives.\n\n (1) The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers under this Act to an APS employee whose services have been made available under section 20F and who is:\n (2) In performing functions or exercising powers under the delegation, the delegate must comply with any written directions of the Commissioner.\n\n (1) The Minister may, by writing, delegate all or any of the Minister’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n\n (1) The Minister must cause a report to be prepared for each calendar year (including the year in which this section commences) about the implementation of this Act during the year, including the following (without limitation):\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n (ab) whether additional measures to improve compliance with this Act and any rules are necessary or desirable, such as civil penalties for failure to comply with the requirements of this Act; and\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n","sortOrder":25},{"sectionNumber":"20A","sectionType":"section","heading":"Simplified outline of this Part","content":"## 20A Simplified outline of this Part\n\nThe Commissioner has functions relating to addressing modern slavery and supporting victims of modern slavery. The Commissioner’s functions include consulting and liaising with a range of persons, and advocating to the Commonwealth Government, in relation to modern slavery.\n\nThis Part deals with administrative matters relating to the Commissioner, including the appointment of the Commissioner, the terms and conditions on which the Commissioner holds office and arrangements relating to staff, contractors and consultants.\n\nThis Part also deals with requests for information from Commonwealth agencies, information disclosure, strategic plans and annual reports.\n\n","sortOrder":26},{"sectionNumber":"Div Division 2","sectionType":"division","heading":"Establishment, functions and powers of Australian Anti‑Slavery Commissioner","content":"## Division 2 Establishment, functions and powers of Australian Anti‑Slavery Commissioner\n\nAn Act to require some entities to report on the risks of modern slavery in their operations and supply chains and actions to address those risks, to establish the Australian Anti‑Slavery Commissioner, and for related purposes\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

10 December 2018

2. Sections 3 to 10 and Parts 2 to 4

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 January 2019

(F2018N00189)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nThis Act requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern slavery in their operations and supply chains, and actions to address those risks. Other entities based, or operating, in Australia may report voluntarily.\n\nThe Commonwealth is required to report on behalf of non‑corporate Commonwealth entities, and the reporting requirements also apply to Commonwealth corporate entities and companies with an annual consolidated revenue of more than $100 million.\n\nReports are kept by the Minister in a public repository known as the Modern Slavery Statements Register. Statements on the register may be accessed by the public, free of charge, on the internet.\n\nThis Act also establishes the Australian Anti‑Slavery Commissioner, sets out the Commissioner’s functions and deals with other matters relating to the role of the Commissioner (including administrative matters).\n\n (b) a trust, if the trust estate is a resident trust estate within the meaning of Division 6 of Part III of the Income Tax Assessment Act 1936; or\n (c) a corporate limited partnership which is a resident within the meaning of section 94T of the Income Tax Assessment Act 1936; or\n\n (b) if the entity controls another entity or entities—the total revenue of the entity and all of the controlled entities, considered as a group, for a reporting period of the controlling entity;\n worked out in accordance with the accounting standards, even if those standards do not otherwise apply to such an entity (including a controlling entity) or group.\n\n (c) trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27); or\n (d) the worst forms of child labour, as defined in Article 3 of the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (b) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed body within the entity, or a prescribed member or members of the entity.\n\n> reporting period, of an entity, means a financial year, or another annual accounting period applicable to the entity, which starts after the commencement of this section.\n\n (a) an individual member of the entity’s principal governing body who is authorised to sign modern slavery statements for the purposes of this Act; or\n (e) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed member of the entity.\n\n (a) the public disclosure of the information would, or could reasonably be expected to, prejudice the investigation of, or the prosecution of a person for, an offence; or\n (b) the public disclosure of the information would, or could reasonably be expected to, endanger the life or safety of any person; or\n (i) the public disclosure of the information would, or could reasonably be expected to, prejudice the security, defence or international relations of Australia;\n (ii) the information was given in confidence to the Commissioner, a member of the staff assisting the Commissioner (see section 20F), a person engaged to assist the Commissioner under section 20G or a person engaged as a consultant under section 20H, acting in that capacity;\n (iii) written consent to the public disclosure of the information has not been given by the person or body that gave the information.\n\n> strategic plan means a strategic plan prepared under section 20X and includes a strategic plan as revised under that section.\n\n (c) a corporate Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013, which has a consolidated revenue of at least $100 million for the reporting period;\n\n> Note: The Commonwealth is required to report on behalf of non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013: see section 15 of this Act.\n\n (a) in the case of a body corporate—carries on business in Australia, a State or a Territory within the meaning of the Corporations Act 2001 (see section 21 of that Act); or\n\n (1) An entity covered by subsection (2) may volunteer to comply with the requirements of this Act for a reporting period, or reporting periods, by giving written notice to the Minister accordingly before the end of the reporting period (or the earliest of the reporting periods), in a manner and form approved by the Minister.\n\n (3) An entity may revoke a notice given under subsection (1), to the extent that it applies in relation to a reporting period or periods, by giving written notice accordingly to the Minister before the start of the reporting period, or the earliest of the reporting periods.\n\n (2) Without limiting subparagraph (1)(a)(vii), this Act’s reliance on the Commonwealth’s legislative powers under paragraph 51(xxix) of the Constitution is based on purposes including giving effect to the following international agreements, as amended and in force for Australia from time to time:\n (a) the International Convention to Suppress the Slave Trade and Slavery, done at Geneva on 25 September 1926 (\\[1927\\] ATS 11);\n (b) the ILO Convention (No. 29) concerning Forced or Compulsory Labour, done at Geneva on 28 June 1930 (\\[1933\\] ATS 21);\n (c) the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery, done at Geneva on 7 September 1956 (\\[1958\\] ATS 3);\n (e) the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979 (\\[1983\\] ATS 9);\n (g) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27);\n (h) the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done at New York on 25 May 2000 (\\[2007\\] ATS 6);\n (i) the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n This Act binds the Crown in right of the Commonwealth. However, it does not bind the Crown in right of a State, the Australian Capital Territory or the Northern Territory.\n\nThis Part requires modern slavery statements to be given annually to the Minister, describing the risks of modern slavery in the operations and supply chains of reporting entities and entities owned or controlled by those entities.\n\nThe Minister may request an explanation from an entity about the entity’s failure to comply with a requirement in relation to modern slavery statements, and may also request that the entity undertake remedial action in relation to that requirement. If the entity fails to comply with the request, the Minister may publish information about the failure to comply on the register or elsewhere, including the identity of the entity.\n\n (1) A reporting entity must give the Minister a modern slavery statement for the entity, for a reporting period, unless a modern slavery statement has been given covering the entity for that period under section 14 (joint modern slavery statements) or 15 (Commonwealth modern slavery statements).\n (e) is given to the Minister within 6 months after the end of the reporting period for the entity, in a manner approved by the Minister.\n\n (1) An entity, other than the Commonwealth, may give the Minister a modern slavery statement covering one or more reporting entities (which may include the entity giving the statement), for a reporting period for those reporting entities.\n (ii) an entity (the higher entity) which is in a position, directly or indirectly, to influence or control each reporting entity covered by the statement, whether or not the higher entity is itself covered by the statement; or\n (iii) if it is not practicable to comply with subparagraph (i) or (ii)—at least one reporting entity covered by the statement; and\n (i) within 6 months after the end of the reporting period for the entities covered by the statement, in a manner approved by the Minister; or\n\n (1) The Minister must prepare a modern slavery statement for the Commonwealth, for a reporting period, covering all non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n (c) describe the risks of modern slavery practices in the operations and supply chains of the reporting entity, and any entities that the reporting entity owns or controls; and\n (d) describe the actions taken by the reporting entity and any entity that the reporting entity owns or controls, to assess and address those risks, including due diligence and remediation processes; and\n\n> Note: Example: For paragraph (d), actions taken by an entity may include the development of policies and processes to address modern slavery risks, and providing training for staff about modern slavery.\n\n (2) A modern slavery statement, other than a statement to be given under section 15 (Commonwealth modern slavery statements), must include:\n (a) for a statement to be given under section 13 (modern slavery statements for single reporting entities)—details of approval by the principal governing body of the reporting entity; or\n (ii) if subparagraph 14(2)(d)(iii) applies—an explanation of why it is not practicable to comply with subparagraph 14(2)(d)(i) or (ii).\n\n (1) If the Minister is reasonably satisfied that an entity has failed to comply with a requirement under section 13 or 14 (which deal with requirements to give modern slavery statements), the Minister may give a written request to the entity to do either or both of the following:\n (a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given;\n (b) undertake specified remedial action in relation to that requirement in accordance with the request within a specified period of 28 days or longer after the request is given.\n\n> Note: Example: For a request relating to a failure to give a modern slavery statement to the Minister within the period required by section 13, remedial action specified under paragraph (b) of this subsection may be to give a modern slavery statement to the Minister within a further period specified in the request.\n\n (2) The Minister may extend, or further extend, a period specified in a request under subsection (1) by written notice given to the entity. The extension may be given before or after the end of the specified period (or that period as previously extended).\n (4) If the Minister is reasonably satisfied that an entity has failed to comply with a request under subsection (1), the Minister may publish the following information on the register, or in any other way the Minister considers appropriate:\n (b) if the request relates to the entity’s failure to comply with subsection 14(2) (joint modern slavery statements) in relation to a modern slavery statement—the identities of the reporting entities covered by the statement;\n (a) no explanation is given in response to the request within the period specified in the request under paragraph (1)(a) (as extended, if at all, under subsection (2)); or\n (b) no remedial action is undertaken in response to the request within the period specified in the request under paragraph (1)(b) (as extended, if at all, under subsection (2)).\n (6) Applications may be made to the Administrative Review Tribunal for review of the Minister’s decision under subsection (4) to publish information about an entity’s failure to comply with a request under subsection (1).\n\n (1) The Minister must maintain a register of modern slavery statements, to be known as the Modern Slavery Statements Register.\n\n (a) given in accordance with section 13 (modern slavery statements for single reporting entities) or 14 (joint modern slavery statements); or\n (2) The Minister may register a statement given for the purposes of compliance with section 13 or 14 (including a statement given in response to a request under section 16A) even if the entity giving the statement does not comply with the requirements of subsection 13(2) or 14(2).\n\n> Note: However, the Minister may elect not to register a modern slavery statement if the entity does not comply with those requirements.\n\n (1) An entity (other than the Commonwealth) may, by written notice to the Minister, accompanied by a revised version of a registered modern slavery statement given by the entity, request the Minister to register the revised version.\n (2) The revised version of the modern slavery statement must indicate the date of the revision and include a description of the changes made to the registered statement (or to the most recently registered revised version of the statement).\n (3) The Minister must register the revised version of the modern slavery statement, if the revised version complies with the requirements mentioned in the following provisions:\n (4) The Minister may register a revised version of a modern slavery statement even if it does not comply with the requirements mentioned in paragraph (3)(a) or (b).\n\n> Note: However, the Minister may elect not to register a revised version of a modern slavery statement which does not comply with those requirements.\n\n (5) For a modern slavery statement registered under section 15 (Commonwealth modern slavery statements), the Minister may register a revised version of the statement that complies with section 16 and subsection (2) of this section.\n\nThe Commissioner has functions relating to addressing modern slavery and supporting victims of modern slavery. The Commissioner’s functions include consulting and liaising with a range of persons, and advocating to the Commonwealth Government, in relation to modern slavery.\n\nThis Part deals with administrative matters relating to the Commissioner, including the appointment of the Commissioner, the terms and conditions on which the Commissioner holds office and arrangements relating to staff, contractors and consultants.\n\nThis Part also deals with requests for information from Commonwealth agencies, information disclosure, strategic plans and annual reports.\n\n (b) to support Australian entities and entities carrying on business in Australia to address risks of modern slavery practices in their operations and supply chains, and in the operations and supply chains of entities they own or control;\n (d) to support victims of modern slavery by providing information in relation to government and non‑government resources, programs and services, including by developing and maintaining guidance material and making such material publicly available;\n (e) to engage with, and promote engagement with, victims of modern slavery to inform measures for addressing modern slavery;\n (i) to consult and liaise with Commonwealth, State and Territory governments, agencies, bodies and office holders on matters relating to modern slavery;\n (k) to advocate to the Commonwealth Government on matters relating to modern slavery, including for continuous improvement in policy and practice;\n (2) To avoid doubt, the Commissioner may not investigate, or resolve complaints concerning, individual instances or suspected instances of modern slavery.\n\n In performing the Commissioner’s functions, the Commissioner must have regard to Australia’s international obligations under the international agreements mentioned in subsection 7(2).\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Commissioner is an official of the Department.\n\n (1) The staff assisting the Commissioner are to be APS employees in the Department whose services are made available to the Commissioner by the Secretary of the Department, in connection with the performance of any of the Commissioner’s functions or the exercise of any of the Commissioner’s powers.\n (2) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage persons under a written agreement to assist the Commissioner to perform or exercise the functions or powers of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage consultants to advise in relation to the performance of the Commissioner’s functions.\n\n The Commissioner, and any person acting under the direction or authority of the Commissioner, is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the performance or purported performance, or exercise or purported exercise, of a function or power conferred by this Act.\n\n> Note: Qualifications, knowledge or experience in public policy relating to modern slavery or related forms of human exploitation may include experience engaging with victims of modern slavery or human trafficking.\n\n (3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Commissioner under a previous appointment under subsection (1).\n\n As soon as practicable after the office of the Commissioner becomes vacant, a Commissioner or acting Commissioner must be appointed under section 20L or 20P.\n\n (1) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n\n (2) A person must not be appointed to act as the Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience to be appointed as the Commissioner.\n\n (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n\n (2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the approval of the Minister.\n\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n (b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.\n (c) the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office (see section 20S); or\n (d) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n (1) If the Commissioner reasonably believes that a Commonwealth agency has information relevant to the performance of the Commissioner’s functions, the Commissioner may, in writing, request the agency to give the information to the Commissioner.\n (2) The request may specify a period within which the information is to be given. The period specified must be reasonable.\n\n (b) a person who performs the functions of, or performs functions within, a Commonwealth entity (within the meaning of that Act).\n\n (1) This section applies to information obtained by any of the following persons in the person’s capacity as such a person:\n (2) The Commissioner may disclose the information to a person or body mentioned in subsection (3) if the Commissioner reasonably believes the disclosure will enable or assist the person or body to perform or exercise any of the person or body’s functions or powers.\n\n (b) state the Commissioner’s priorities and principal objectives for the period in relation to the performance of the Commissioner’s functions; and\n (c) include, as one such principal objective, the Commissioner making guidance material publicly available to support victims of modern slavery.\n (7) The Commissioner must cause a strategic plan to be published on the Commissioner’s website as soon as practicable after the plan is prepared or revised (as the case may be).\n\n (1) The Commissioner must, within 3 months after the end of a financial year, prepare and give to the Minister an annual report on the Commissioner’s activities during the financial year.\n\n (b) the progress made towards any objectives set out in the strategic plan or plans that were in force during all or part of the financial year; and\n (c) a description of any milestones in relation to the Commissioner’s activities that were reached during the financial year; and\n (3) If the Commissioner considers that the annual report contains sensitive information, the Commissioner must also prepare and give to the Minister, at the same time as the annual report, a version of the report which does not contain that information.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be published on the Commissioner’s website as soon as practicable after the report is tabled in the House of Representatives.\n\n (1) The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers under this Act to an APS employee whose services have been made available under section 20F and who is:\n (2) In performing functions or exercising powers under the delegation, the delegate must comply with any written directions of the Commissioner.\n\n (1) The Minister may, by writing, delegate all or any of the Minister’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n\n (1) The Minister must cause a report to be prepared for each calendar year (including the year in which this section commences) about the implementation of this Act during the year, including the following (without limitation):\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n (ab) whether additional measures to improve compliance with this Act and any rules are necessary or desirable, such as civil penalties for failure to comply with the requirements of this Act; and\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n","sortOrder":27},{"sectionNumber":"20B","sectionType":"section","heading":"Australian Anti‑Slavery Commissioner","content":"## 20B Australian Anti‑Slavery Commissioner\n\n","sortOrder":28},{"sectionNumber":"20C","sectionType":"section","heading":"Functions of Commissioner","content":"## 20C Functions of Commissioner\n\n (b) to support Australian entities and entities carrying on business in Australia to address risks of modern slavery practices in their operations and supply chains, and in the operations and supply chains of entities they own or control;\n (d) to support victims of modern slavery by providing information in relation to government and non‑government resources, programs and services, including by developing and maintaining guidance material and making such material publicly available;\n (e) to engage with, and promote engagement with, victims of modern slavery to inform measures for addressing modern slavery;\n (i) to consult and liaise with Commonwealth, State and Territory governments, agencies, bodies and office holders on matters relating to modern slavery;\n (k) to advocate to the Commonwealth Government on matters relating to modern slavery, including for continuous improvement in policy and practice;\n (2) To avoid doubt, the Commissioner may not investigate, or resolve complaints concerning, individual instances or suspected instances of modern slavery.\n\n","sortOrder":29},{"sectionNumber":"20D","sectionType":"section","heading":"Commissioner must have regard to international obligations","content":"## 20D Commissioner must have regard to international obligations\n\n In performing the Commissioner’s functions, the Commissioner must have regard to Australia’s international obligations under the international agreements mentioned in subsection 7(2).\n\n","sortOrder":30},{"sectionNumber":"20E","sectionType":"section","heading":"Application of finance law","content":"## 20E Application of finance law\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Commissioner is an official of the Department.\n\n","sortOrder":31},{"sectionNumber":"20F","sectionType":"section","heading":"Arrangements relating to staff of the Department","content":"## 20F Arrangements relating to staff of the Department\n\n (1) The staff assisting the Commissioner are to be APS employees in the Department whose services are made available to the Commissioner by the Secretary of the Department, in connection with the performance of any of the Commissioner’s functions or the exercise of any of the Commissioner’s powers.\n (2) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.\n\n","sortOrder":32},{"sectionNumber":"20G","sectionType":"section","heading":"Contractors","content":"## 20G Contractors\n\n The Commissioner may, on behalf of the Commonwealth, engage persons under a written agreement to assist the Commissioner to perform or exercise the functions or powers of the Commissioner.\n\n","sortOrder":33},{"sectionNumber":"20H","sectionType":"section","heading":"Consultants","content":"## 20H Consultants\n\n The Commissioner may, on behalf of the Commonwealth, engage consultants to advise in relation to the performance of the Commissioner’s functions.\n\n","sortOrder":34},{"sectionNumber":"20J","sectionType":"section","heading":"Independence of Commissioner","content":"## 20J Independence of Commissioner\n\n","sortOrder":35},{"sectionNumber":"20K","sectionType":"section","heading":"Commissioner not to be sued","content":"## 20K Commissioner not to be sued\n\n The Commissioner, and any person acting under the direction or authority of the Commissioner, is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the performance or purported performance, or exercise or purported exercise, of a function or power conferred by this Act.\n\n","sortOrder":36},{"sectionNumber":"Div Division 3","sectionType":"division","heading":"Appointment","content":"## Division 3 Appointment\n\nAn Act to require some entities to report on the risks of modern slavery in their operations and supply chains and actions to address those risks, to establish the Australian Anti‑Slavery Commissioner, and for related purposes\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

10 December 2018

2. Sections 3 to 10 and Parts 2 to 4

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 January 2019

(F2018N00189)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nThis Act requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern slavery in their operations and supply chains, and actions to address those risks. Other entities based, or operating, in Australia may report voluntarily.\n\nThe Commonwealth is required to report on behalf of non‑corporate Commonwealth entities, and the reporting requirements also apply to Commonwealth corporate entities and companies with an annual consolidated revenue of more than $100 million.\n\nReports are kept by the Minister in a public repository known as the Modern Slavery Statements Register. Statements on the register may be accessed by the public, free of charge, on the internet.\n\nThis Act also establishes the Australian Anti‑Slavery Commissioner, sets out the Commissioner’s functions and deals with other matters relating to the role of the Commissioner (including administrative matters).\n\n (b) a trust, if the trust estate is a resident trust estate within the meaning of Division 6 of Part III of the Income Tax Assessment Act 1936; or\n (c) a corporate limited partnership which is a resident within the meaning of section 94T of the Income Tax Assessment Act 1936; or\n\n (b) if the entity controls another entity or entities—the total revenue of the entity and all of the controlled entities, considered as a group, for a reporting period of the controlling entity;\n worked out in accordance with the accounting standards, even if those standards do not otherwise apply to such an entity (including a controlling entity) or group.\n\n (c) trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27); or\n (d) the worst forms of child labour, as defined in Article 3 of the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (b) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed body within the entity, or a prescribed member or members of the entity.\n\n> reporting period, of an entity, means a financial year, or another annual accounting period applicable to the entity, which starts after the commencement of this section.\n\n (a) an individual member of the entity’s principal governing body who is authorised to sign modern slavery statements for the purposes of this Act; or\n (e) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed member of the entity.\n\n (a) the public disclosure of the information would, or could reasonably be expected to, prejudice the investigation of, or the prosecution of a person for, an offence; or\n (b) the public disclosure of the information would, or could reasonably be expected to, endanger the life or safety of any person; or\n (i) the public disclosure of the information would, or could reasonably be expected to, prejudice the security, defence or international relations of Australia;\n (ii) the information was given in confidence to the Commissioner, a member of the staff assisting the Commissioner (see section 20F), a person engaged to assist the Commissioner under section 20G or a person engaged as a consultant under section 20H, acting in that capacity;\n (iii) written consent to the public disclosure of the information has not been given by the person or body that gave the information.\n\n> strategic plan means a strategic plan prepared under section 20X and includes a strategic plan as revised under that section.\n\n (c) a corporate Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013, which has a consolidated revenue of at least $100 million for the reporting period;\n\n> Note: The Commonwealth is required to report on behalf of non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013: see section 15 of this Act.\n\n (a) in the case of a body corporate—carries on business in Australia, a State or a Territory within the meaning of the Corporations Act 2001 (see section 21 of that Act); or\n\n (1) An entity covered by subsection (2) may volunteer to comply with the requirements of this Act for a reporting period, or reporting periods, by giving written notice to the Minister accordingly before the end of the reporting period (or the earliest of the reporting periods), in a manner and form approved by the Minister.\n\n (3) An entity may revoke a notice given under subsection (1), to the extent that it applies in relation to a reporting period or periods, by giving written notice accordingly to the Minister before the start of the reporting period, or the earliest of the reporting periods.\n\n (2) Without limiting subparagraph (1)(a)(vii), this Act’s reliance on the Commonwealth’s legislative powers under paragraph 51(xxix) of the Constitution is based on purposes including giving effect to the following international agreements, as amended and in force for Australia from time to time:\n (a) the International Convention to Suppress the Slave Trade and Slavery, done at Geneva on 25 September 1926 (\\[1927\\] ATS 11);\n (b) the ILO Convention (No. 29) concerning Forced or Compulsory Labour, done at Geneva on 28 June 1930 (\\[1933\\] ATS 21);\n (c) the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery, done at Geneva on 7 September 1956 (\\[1958\\] ATS 3);\n (e) the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979 (\\[1983\\] ATS 9);\n (g) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27);\n (h) the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done at New York on 25 May 2000 (\\[2007\\] ATS 6);\n (i) the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n This Act binds the Crown in right of the Commonwealth. However, it does not bind the Crown in right of a State, the Australian Capital Territory or the Northern Territory.\n\nThis Part requires modern slavery statements to be given annually to the Minister, describing the risks of modern slavery in the operations and supply chains of reporting entities and entities owned or controlled by those entities.\n\nThe Minister may request an explanation from an entity about the entity’s failure to comply with a requirement in relation to modern slavery statements, and may also request that the entity undertake remedial action in relation to that requirement. If the entity fails to comply with the request, the Minister may publish information about the failure to comply on the register or elsewhere, including the identity of the entity.\n\n (1) A reporting entity must give the Minister a modern slavery statement for the entity, for a reporting period, unless a modern slavery statement has been given covering the entity for that period under section 14 (joint modern slavery statements) or 15 (Commonwealth modern slavery statements).\n (e) is given to the Minister within 6 months after the end of the reporting period for the entity, in a manner approved by the Minister.\n\n (1) An entity, other than the Commonwealth, may give the Minister a modern slavery statement covering one or more reporting entities (which may include the entity giving the statement), for a reporting period for those reporting entities.\n (ii) an entity (the higher entity) which is in a position, directly or indirectly, to influence or control each reporting entity covered by the statement, whether or not the higher entity is itself covered by the statement; or\n (iii) if it is not practicable to comply with subparagraph (i) or (ii)—at least one reporting entity covered by the statement; and\n (i) within 6 months after the end of the reporting period for the entities covered by the statement, in a manner approved by the Minister; or\n\n (1) The Minister must prepare a modern slavery statement for the Commonwealth, for a reporting period, covering all non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n (c) describe the risks of modern slavery practices in the operations and supply chains of the reporting entity, and any entities that the reporting entity owns or controls; and\n (d) describe the actions taken by the reporting entity and any entity that the reporting entity owns or controls, to assess and address those risks, including due diligence and remediation processes; and\n\n> Note: Example: For paragraph (d), actions taken by an entity may include the development of policies and processes to address modern slavery risks, and providing training for staff about modern slavery.\n\n (2) A modern slavery statement, other than a statement to be given under section 15 (Commonwealth modern slavery statements), must include:\n (a) for a statement to be given under section 13 (modern slavery statements for single reporting entities)—details of approval by the principal governing body of the reporting entity; or\n (ii) if subparagraph 14(2)(d)(iii) applies—an explanation of why it is not practicable to comply with subparagraph 14(2)(d)(i) or (ii).\n\n (1) If the Minister is reasonably satisfied that an entity has failed to comply with a requirement under section 13 or 14 (which deal with requirements to give modern slavery statements), the Minister may give a written request to the entity to do either or both of the following:\n (a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given;\n (b) undertake specified remedial action in relation to that requirement in accordance with the request within a specified period of 28 days or longer after the request is given.\n\n> Note: Example: For a request relating to a failure to give a modern slavery statement to the Minister within the period required by section 13, remedial action specified under paragraph (b) of this subsection may be to give a modern slavery statement to the Minister within a further period specified in the request.\n\n (2) The Minister may extend, or further extend, a period specified in a request under subsection (1) by written notice given to the entity. The extension may be given before or after the end of the specified period (or that period as previously extended).\n (4) If the Minister is reasonably satisfied that an entity has failed to comply with a request under subsection (1), the Minister may publish the following information on the register, or in any other way the Minister considers appropriate:\n (b) if the request relates to the entity’s failure to comply with subsection 14(2) (joint modern slavery statements) in relation to a modern slavery statement—the identities of the reporting entities covered by the statement;\n (a) no explanation is given in response to the request within the period specified in the request under paragraph (1)(a) (as extended, if at all, under subsection (2)); or\n (b) no remedial action is undertaken in response to the request within the period specified in the request under paragraph (1)(b) (as extended, if at all, under subsection (2)).\n (6) Applications may be made to the Administrative Review Tribunal for review of the Minister’s decision under subsection (4) to publish information about an entity’s failure to comply with a request under subsection (1).\n\n (1) The Minister must maintain a register of modern slavery statements, to be known as the Modern Slavery Statements Register.\n\n (a) given in accordance with section 13 (modern slavery statements for single reporting entities) or 14 (joint modern slavery statements); or\n (2) The Minister may register a statement given for the purposes of compliance with section 13 or 14 (including a statement given in response to a request under section 16A) even if the entity giving the statement does not comply with the requirements of subsection 13(2) or 14(2).\n\n> Note: However, the Minister may elect not to register a modern slavery statement if the entity does not comply with those requirements.\n\n (1) An entity (other than the Commonwealth) may, by written notice to the Minister, accompanied by a revised version of a registered modern slavery statement given by the entity, request the Minister to register the revised version.\n (2) The revised version of the modern slavery statement must indicate the date of the revision and include a description of the changes made to the registered statement (or to the most recently registered revised version of the statement).\n (3) The Minister must register the revised version of the modern slavery statement, if the revised version complies with the requirements mentioned in the following provisions:\n (4) The Minister may register a revised version of a modern slavery statement even if it does not comply with the requirements mentioned in paragraph (3)(a) or (b).\n\n> Note: However, the Minister may elect not to register a revised version of a modern slavery statement which does not comply with those requirements.\n\n (5) For a modern slavery statement registered under section 15 (Commonwealth modern slavery statements), the Minister may register a revised version of the statement that complies with section 16 and subsection (2) of this section.\n\nThe Commissioner has functions relating to addressing modern slavery and supporting victims of modern slavery. The Commissioner’s functions include consulting and liaising with a range of persons, and advocating to the Commonwealth Government, in relation to modern slavery.\n\nThis Part deals with administrative matters relating to the Commissioner, including the appointment of the Commissioner, the terms and conditions on which the Commissioner holds office and arrangements relating to staff, contractors and consultants.\n\nThis Part also deals with requests for information from Commonwealth agencies, information disclosure, strategic plans and annual reports.\n\n (b) to support Australian entities and entities carrying on business in Australia to address risks of modern slavery practices in their operations and supply chains, and in the operations and supply chains of entities they own or control;\n (d) to support victims of modern slavery by providing information in relation to government and non‑government resources, programs and services, including by developing and maintaining guidance material and making such material publicly available;\n (e) to engage with, and promote engagement with, victims of modern slavery to inform measures for addressing modern slavery;\n (i) to consult and liaise with Commonwealth, State and Territory governments, agencies, bodies and office holders on matters relating to modern slavery;\n (k) to advocate to the Commonwealth Government on matters relating to modern slavery, including for continuous improvement in policy and practice;\n (2) To avoid doubt, the Commissioner may not investigate, or resolve complaints concerning, individual instances or suspected instances of modern slavery.\n\n In performing the Commissioner’s functions, the Commissioner must have regard to Australia’s international obligations under the international agreements mentioned in subsection 7(2).\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Commissioner is an official of the Department.\n\n (1) The staff assisting the Commissioner are to be APS employees in the Department whose services are made available to the Commissioner by the Secretary of the Department, in connection with the performance of any of the Commissioner’s functions or the exercise of any of the Commissioner’s powers.\n (2) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage persons under a written agreement to assist the Commissioner to perform or exercise the functions or powers of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage consultants to advise in relation to the performance of the Commissioner’s functions.\n\n The Commissioner, and any person acting under the direction or authority of the Commissioner, is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the performance or purported performance, or exercise or purported exercise, of a function or power conferred by this Act.\n\n> Note: Qualifications, knowledge or experience in public policy relating to modern slavery or related forms of human exploitation may include experience engaging with victims of modern slavery or human trafficking.\n\n (3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Commissioner under a previous appointment under subsection (1).\n\n As soon as practicable after the office of the Commissioner becomes vacant, a Commissioner or acting Commissioner must be appointed under section 20L or 20P.\n\n (1) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n\n (2) A person must not be appointed to act as the Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience to be appointed as the Commissioner.\n\n (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n\n (2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the approval of the Minister.\n\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n (b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.\n (c) the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office (see section 20S); or\n (d) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n (1) If the Commissioner reasonably believes that a Commonwealth agency has information relevant to the performance of the Commissioner’s functions, the Commissioner may, in writing, request the agency to give the information to the Commissioner.\n (2) The request may specify a period within which the information is to be given. The period specified must be reasonable.\n\n (b) a person who performs the functions of, or performs functions within, a Commonwealth entity (within the meaning of that Act).\n\n (1) This section applies to information obtained by any of the following persons in the person’s capacity as such a person:\n (2) The Commissioner may disclose the information to a person or body mentioned in subsection (3) if the Commissioner reasonably believes the disclosure will enable or assist the person or body to perform or exercise any of the person or body’s functions or powers.\n\n (b) state the Commissioner’s priorities and principal objectives for the period in relation to the performance of the Commissioner’s functions; and\n (c) include, as one such principal objective, the Commissioner making guidance material publicly available to support victims of modern slavery.\n (7) The Commissioner must cause a strategic plan to be published on the Commissioner’s website as soon as practicable after the plan is prepared or revised (as the case may be).\n\n (1) The Commissioner must, within 3 months after the end of a financial year, prepare and give to the Minister an annual report on the Commissioner’s activities during the financial year.\n\n (b) the progress made towards any objectives set out in the strategic plan or plans that were in force during all or part of the financial year; and\n (c) a description of any milestones in relation to the Commissioner’s activities that were reached during the financial year; and\n (3) If the Commissioner considers that the annual report contains sensitive information, the Commissioner must also prepare and give to the Minister, at the same time as the annual report, a version of the report which does not contain that information.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be published on the Commissioner’s website as soon as practicable after the report is tabled in the House of Representatives.\n\n (1) The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers under this Act to an APS employee whose services have been made available under section 20F and who is:\n (2) In performing functions or exercising powers under the delegation, the delegate must comply with any written directions of the Commissioner.\n\n (1) The Minister may, by writing, delegate all or any of the Minister’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n\n (1) The Minister must cause a report to be prepared for each calendar year (including the year in which this section commences) about the implementation of this Act during the year, including the following (without limitation):\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n (ab) whether additional measures to improve compliance with this Act and any rules are necessary or desirable, such as civil penalties for failure to comply with the requirements of this Act; and\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n","sortOrder":37},{"sectionNumber":"20L","sectionType":"section","heading":"Appointment of Commissioner","content":"## 20L Appointment of Commissioner\n\n> Note: Qualifications, knowledge or experience in public policy relating to modern slavery or related forms of human exploitation may include experience engaging with victims of modern slavery or human trafficking.\n\n (3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Commissioner under a previous appointment under subsection (1).\n\n","sortOrder":38},{"sectionNumber":"20M","sectionType":"section","heading":"Obligation to fill vacancy as soon as practicable","content":"## 20M Obligation to fill vacancy as soon as practicable\n\n As soon as practicable after the office of the Commissioner becomes vacant, a Commissioner or acting Commissioner must be appointed under section 20L or 20P.\n\n","sortOrder":39},{"sectionNumber":"20N","sectionType":"section","heading":"Period of appointment","content":"## 20N Period of appointment\n\n (1) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n","sortOrder":40},{"sectionNumber":"20P","sectionType":"section","heading":"Acting appointments","content":"## 20P Acting appointments\n\n (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n\n (2) A person must not be appointed to act as the Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience to be appointed as the Commissioner.\n\n","sortOrder":41},{"sectionNumber":"Div Division 4","sectionType":"division","heading":"Terms and conditions etc.","content":"## Division 4 Terms and conditions etc.\n\nAn Act to require some entities to report on the risks of modern slavery in their operations and supply chains and actions to address those risks, to establish the Australian Anti‑Slavery Commissioner, and for related purposes\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

10 December 2018

2. Sections 3 to 10 and Parts 2 to 4

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 January 2019

(F2018N00189)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nThis Act requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern slavery in their operations and supply chains, and actions to address those risks. Other entities based, or operating, in Australia may report voluntarily.\n\nThe Commonwealth is required to report on behalf of non‑corporate Commonwealth entities, and the reporting requirements also apply to Commonwealth corporate entities and companies with an annual consolidated revenue of more than $100 million.\n\nReports are kept by the Minister in a public repository known as the Modern Slavery Statements Register. Statements on the register may be accessed by the public, free of charge, on the internet.\n\nThis Act also establishes the Australian Anti‑Slavery Commissioner, sets out the Commissioner’s functions and deals with other matters relating to the role of the Commissioner (including administrative matters).\n\n (b) a trust, if the trust estate is a resident trust estate within the meaning of Division 6 of Part III of the Income Tax Assessment Act 1936; or\n (c) a corporate limited partnership which is a resident within the meaning of section 94T of the Income Tax Assessment Act 1936; or\n\n (b) if the entity controls another entity or entities—the total revenue of the entity and all of the controlled entities, considered as a group, for a reporting period of the controlling entity;\n worked out in accordance with the accounting standards, even if those standards do not otherwise apply to such an entity (including a controlling entity) or group.\n\n (c) trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27); or\n (d) the worst forms of child labour, as defined in Article 3 of the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (b) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed body within the entity, or a prescribed member or members of the entity.\n\n> reporting period, of an entity, means a financial year, or another annual accounting period applicable to the entity, which starts after the commencement of this section.\n\n (a) an individual member of the entity’s principal governing body who is authorised to sign modern slavery statements for the purposes of this Act; or\n (e) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed member of the entity.\n\n (a) the public disclosure of the information would, or could reasonably be expected to, prejudice the investigation of, or the prosecution of a person for, an offence; or\n (b) the public disclosure of the information would, or could reasonably be expected to, endanger the life or safety of any person; or\n (i) the public disclosure of the information would, or could reasonably be expected to, prejudice the security, defence or international relations of Australia;\n (ii) the information was given in confidence to the Commissioner, a member of the staff assisting the Commissioner (see section 20F), a person engaged to assist the Commissioner under section 20G or a person engaged as a consultant under section 20H, acting in that capacity;\n (iii) written consent to the public disclosure of the information has not been given by the person or body that gave the information.\n\n> strategic plan means a strategic plan prepared under section 20X and includes a strategic plan as revised under that section.\n\n (c) a corporate Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013, which has a consolidated revenue of at least $100 million for the reporting period;\n\n> Note: The Commonwealth is required to report on behalf of non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013: see section 15 of this Act.\n\n (a) in the case of a body corporate—carries on business in Australia, a State or a Territory within the meaning of the Corporations Act 2001 (see section 21 of that Act); or\n\n (1) An entity covered by subsection (2) may volunteer to comply with the requirements of this Act for a reporting period, or reporting periods, by giving written notice to the Minister accordingly before the end of the reporting period (or the earliest of the reporting periods), in a manner and form approved by the Minister.\n\n (3) An entity may revoke a notice given under subsection (1), to the extent that it applies in relation to a reporting period or periods, by giving written notice accordingly to the Minister before the start of the reporting period, or the earliest of the reporting periods.\n\n (2) Without limiting subparagraph (1)(a)(vii), this Act’s reliance on the Commonwealth’s legislative powers under paragraph 51(xxix) of the Constitution is based on purposes including giving effect to the following international agreements, as amended and in force for Australia from time to time:\n (a) the International Convention to Suppress the Slave Trade and Slavery, done at Geneva on 25 September 1926 (\\[1927\\] ATS 11);\n (b) the ILO Convention (No. 29) concerning Forced or Compulsory Labour, done at Geneva on 28 June 1930 (\\[1933\\] ATS 21);\n (c) the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery, done at Geneva on 7 September 1956 (\\[1958\\] ATS 3);\n (e) the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979 (\\[1983\\] ATS 9);\n (g) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27);\n (h) the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done at New York on 25 May 2000 (\\[2007\\] ATS 6);\n (i) the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n This Act binds the Crown in right of the Commonwealth. However, it does not bind the Crown in right of a State, the Australian Capital Territory or the Northern Territory.\n\nThis Part requires modern slavery statements to be given annually to the Minister, describing the risks of modern slavery in the operations and supply chains of reporting entities and entities owned or controlled by those entities.\n\nThe Minister may request an explanation from an entity about the entity’s failure to comply with a requirement in relation to modern slavery statements, and may also request that the entity undertake remedial action in relation to that requirement. If the entity fails to comply with the request, the Minister may publish information about the failure to comply on the register or elsewhere, including the identity of the entity.\n\n (1) A reporting entity must give the Minister a modern slavery statement for the entity, for a reporting period, unless a modern slavery statement has been given covering the entity for that period under section 14 (joint modern slavery statements) or 15 (Commonwealth modern slavery statements).\n (e) is given to the Minister within 6 months after the end of the reporting period for the entity, in a manner approved by the Minister.\n\n (1) An entity, other than the Commonwealth, may give the Minister a modern slavery statement covering one or more reporting entities (which may include the entity giving the statement), for a reporting period for those reporting entities.\n (ii) an entity (the higher entity) which is in a position, directly or indirectly, to influence or control each reporting entity covered by the statement, whether or not the higher entity is itself covered by the statement; or\n (iii) if it is not practicable to comply with subparagraph (i) or (ii)—at least one reporting entity covered by the statement; and\n (i) within 6 months after the end of the reporting period for the entities covered by the statement, in a manner approved by the Minister; or\n\n (1) The Minister must prepare a modern slavery statement for the Commonwealth, for a reporting period, covering all non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n (c) describe the risks of modern slavery practices in the operations and supply chains of the reporting entity, and any entities that the reporting entity owns or controls; and\n (d) describe the actions taken by the reporting entity and any entity that the reporting entity owns or controls, to assess and address those risks, including due diligence and remediation processes; and\n\n> Note: Example: For paragraph (d), actions taken by an entity may include the development of policies and processes to address modern slavery risks, and providing training for staff about modern slavery.\n\n (2) A modern slavery statement, other than a statement to be given under section 15 (Commonwealth modern slavery statements), must include:\n (a) for a statement to be given under section 13 (modern slavery statements for single reporting entities)—details of approval by the principal governing body of the reporting entity; or\n (ii) if subparagraph 14(2)(d)(iii) applies—an explanation of why it is not practicable to comply with subparagraph 14(2)(d)(i) or (ii).\n\n (1) If the Minister is reasonably satisfied that an entity has failed to comply with a requirement under section 13 or 14 (which deal with requirements to give modern slavery statements), the Minister may give a written request to the entity to do either or both of the following:\n (a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given;\n (b) undertake specified remedial action in relation to that requirement in accordance with the request within a specified period of 28 days or longer after the request is given.\n\n> Note: Example: For a request relating to a failure to give a modern slavery statement to the Minister within the period required by section 13, remedial action specified under paragraph (b) of this subsection may be to give a modern slavery statement to the Minister within a further period specified in the request.\n\n (2) The Minister may extend, or further extend, a period specified in a request under subsection (1) by written notice given to the entity. The extension may be given before or after the end of the specified period (or that period as previously extended).\n (4) If the Minister is reasonably satisfied that an entity has failed to comply with a request under subsection (1), the Minister may publish the following information on the register, or in any other way the Minister considers appropriate:\n (b) if the request relates to the entity’s failure to comply with subsection 14(2) (joint modern slavery statements) in relation to a modern slavery statement—the identities of the reporting entities covered by the statement;\n (a) no explanation is given in response to the request within the period specified in the request under paragraph (1)(a) (as extended, if at all, under subsection (2)); or\n (b) no remedial action is undertaken in response to the request within the period specified in the request under paragraph (1)(b) (as extended, if at all, under subsection (2)).\n (6) Applications may be made to the Administrative Review Tribunal for review of the Minister’s decision under subsection (4) to publish information about an entity’s failure to comply with a request under subsection (1).\n\n (1) The Minister must maintain a register of modern slavery statements, to be known as the Modern Slavery Statements Register.\n\n (a) given in accordance with section 13 (modern slavery statements for single reporting entities) or 14 (joint modern slavery statements); or\n (2) The Minister may register a statement given for the purposes of compliance with section 13 or 14 (including a statement given in response to a request under section 16A) even if the entity giving the statement does not comply with the requirements of subsection 13(2) or 14(2).\n\n> Note: However, the Minister may elect not to register a modern slavery statement if the entity does not comply with those requirements.\n\n (1) An entity (other than the Commonwealth) may, by written notice to the Minister, accompanied by a revised version of a registered modern slavery statement given by the entity, request the Minister to register the revised version.\n (2) The revised version of the modern slavery statement must indicate the date of the revision and include a description of the changes made to the registered statement (or to the most recently registered revised version of the statement).\n (3) The Minister must register the revised version of the modern slavery statement, if the revised version complies with the requirements mentioned in the following provisions:\n (4) The Minister may register a revised version of a modern slavery statement even if it does not comply with the requirements mentioned in paragraph (3)(a) or (b).\n\n> Note: However, the Minister may elect not to register a revised version of a modern slavery statement which does not comply with those requirements.\n\n (5) For a modern slavery statement registered under section 15 (Commonwealth modern slavery statements), the Minister may register a revised version of the statement that complies with section 16 and subsection (2) of this section.\n\nThe Commissioner has functions relating to addressing modern slavery and supporting victims of modern slavery. The Commissioner’s functions include consulting and liaising with a range of persons, and advocating to the Commonwealth Government, in relation to modern slavery.\n\nThis Part deals with administrative matters relating to the Commissioner, including the appointment of the Commissioner, the terms and conditions on which the Commissioner holds office and arrangements relating to staff, contractors and consultants.\n\nThis Part also deals with requests for information from Commonwealth agencies, information disclosure, strategic plans and annual reports.\n\n (b) to support Australian entities and entities carrying on business in Australia to address risks of modern slavery practices in their operations and supply chains, and in the operations and supply chains of entities they own or control;\n (d) to support victims of modern slavery by providing information in relation to government and non‑government resources, programs and services, including by developing and maintaining guidance material and making such material publicly available;\n (e) to engage with, and promote engagement with, victims of modern slavery to inform measures for addressing modern slavery;\n (i) to consult and liaise with Commonwealth, State and Territory governments, agencies, bodies and office holders on matters relating to modern slavery;\n (k) to advocate to the Commonwealth Government on matters relating to modern slavery, including for continuous improvement in policy and practice;\n (2) To avoid doubt, the Commissioner may not investigate, or resolve complaints concerning, individual instances or suspected instances of modern slavery.\n\n In performing the Commissioner’s functions, the Commissioner must have regard to Australia’s international obligations under the international agreements mentioned in subsection 7(2).\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Commissioner is an official of the Department.\n\n (1) The staff assisting the Commissioner are to be APS employees in the Department whose services are made available to the Commissioner by the Secretary of the Department, in connection with the performance of any of the Commissioner’s functions or the exercise of any of the Commissioner’s powers.\n (2) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage persons under a written agreement to assist the Commissioner to perform or exercise the functions or powers of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage consultants to advise in relation to the performance of the Commissioner’s functions.\n\n The Commissioner, and any person acting under the direction or authority of the Commissioner, is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the performance or purported performance, or exercise or purported exercise, of a function or power conferred by this Act.\n\n> Note: Qualifications, knowledge or experience in public policy relating to modern slavery or related forms of human exploitation may include experience engaging with victims of modern slavery or human trafficking.\n\n (3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Commissioner under a previous appointment under subsection (1).\n\n As soon as practicable after the office of the Commissioner becomes vacant, a Commissioner or acting Commissioner must be appointed under section 20L or 20P.\n\n (1) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n\n (2) A person must not be appointed to act as the Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience to be appointed as the Commissioner.\n\n (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n\n (2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the approval of the Minister.\n\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n (b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.\n (c) the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office (see section 20S); or\n (d) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n (1) If the Commissioner reasonably believes that a Commonwealth agency has information relevant to the performance of the Commissioner’s functions, the Commissioner may, in writing, request the agency to give the information to the Commissioner.\n (2) The request may specify a period within which the information is to be given. The period specified must be reasonable.\n\n (b) a person who performs the functions of, or performs functions within, a Commonwealth entity (within the meaning of that Act).\n\n (1) This section applies to information obtained by any of the following persons in the person’s capacity as such a person:\n (2) The Commissioner may disclose the information to a person or body mentioned in subsection (3) if the Commissioner reasonably believes the disclosure will enable or assist the person or body to perform or exercise any of the person or body’s functions or powers.\n\n (b) state the Commissioner’s priorities and principal objectives for the period in relation to the performance of the Commissioner’s functions; and\n (c) include, as one such principal objective, the Commissioner making guidance material publicly available to support victims of modern slavery.\n (7) The Commissioner must cause a strategic plan to be published on the Commissioner’s website as soon as practicable after the plan is prepared or revised (as the case may be).\n\n (1) The Commissioner must, within 3 months after the end of a financial year, prepare and give to the Minister an annual report on the Commissioner’s activities during the financial year.\n\n (b) the progress made towards any objectives set out in the strategic plan or plans that were in force during all or part of the financial year; and\n (c) a description of any milestones in relation to the Commissioner’s activities that were reached during the financial year; and\n (3) If the Commissioner considers that the annual report contains sensitive information, the Commissioner must also prepare and give to the Minister, at the same time as the annual report, a version of the report which does not contain that information.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be published on the Commissioner’s website as soon as practicable after the report is tabled in the House of Representatives.\n\n (1) The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers under this Act to an APS employee whose services have been made available under section 20F and who is:\n (2) In performing functions or exercising powers under the delegation, the delegate must comply with any written directions of the Commissioner.\n\n (1) The Minister may, by writing, delegate all or any of the Minister’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n\n (1) The Minister must cause a report to be prepared for each calendar year (including the year in which this section commences) about the implementation of this Act during the year, including the following (without limitation):\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n (ab) whether additional measures to improve compliance with this Act and any rules are necessary or desirable, such as civil penalties for failure to comply with the requirements of this Act; and\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n","sortOrder":42},{"sectionNumber":"20Q","sectionType":"section","heading":"Remuneration and allowances","content":"## 20Q Remuneration and allowances\n\n (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n\n","sortOrder":43},{"sectionNumber":"20R","sectionType":"section","heading":"Leave of absence","content":"## 20R Leave of absence\n\n (2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n","sortOrder":44},{"sectionNumber":"20S","sectionType":"section","heading":"Other paid work","content":"## 20S Other paid work\n\n The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the approval of the Minister.\n\n","sortOrder":45},{"sectionNumber":"20T","sectionType":"section","heading":"Resignation","content":"## 20T Resignation\n\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n","sortOrder":46},{"sectionNumber":"20U","sectionType":"section","heading":"Termination of appointment","content":"## 20U Termination of appointment\n\n (b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.\n (c) the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office (see section 20S); or\n (d) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n","sortOrder":47},{"sectionNumber":"20V","sectionType":"section","heading":"Other terms and conditions","content":"## 20V Other terms and conditions\n\n The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n","sortOrder":48},{"sectionNumber":"Div Division 5","sectionType":"division","heading":"Other matters","content":"## Division 5 Other matters\n\nAn Act to require some entities to report on the risks of modern slavery in their operations and supply chains and actions to address those risks, to establish the Australian Anti‑Slavery Commissioner, and for related purposes\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

10 December 2018

2. Sections 3 to 10 and Parts 2 to 4

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

1 January 2019

(F2018N00189)

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\nThis Act requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of modern slavery in their operations and supply chains, and actions to address those risks. Other entities based, or operating, in Australia may report voluntarily.\n\nThe Commonwealth is required to report on behalf of non‑corporate Commonwealth entities, and the reporting requirements also apply to Commonwealth corporate entities and companies with an annual consolidated revenue of more than $100 million.\n\nReports are kept by the Minister in a public repository known as the Modern Slavery Statements Register. Statements on the register may be accessed by the public, free of charge, on the internet.\n\nThis Act also establishes the Australian Anti‑Slavery Commissioner, sets out the Commissioner’s functions and deals with other matters relating to the role of the Commissioner (including administrative matters).\n\n (b) a trust, if the trust estate is a resident trust estate within the meaning of Division 6 of Part III of the Income Tax Assessment Act 1936; or\n (c) a corporate limited partnership which is a resident within the meaning of section 94T of the Income Tax Assessment Act 1936; or\n\n (b) if the entity controls another entity or entities—the total revenue of the entity and all of the controlled entities, considered as a group, for a reporting period of the controlling entity;\n worked out in accordance with the accounting standards, even if those standards do not otherwise apply to such an entity (including a controlling entity) or group.\n\n (c) trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27); or\n (d) the worst forms of child labour, as defined in Article 3 of the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n (b) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed body within the entity, or a prescribed member or members of the entity.\n\n> reporting period, of an entity, means a financial year, or another annual accounting period applicable to the entity, which starts after the commencement of this section.\n\n (a) an individual member of the entity’s principal governing body who is authorised to sign modern slavery statements for the purposes of this Act; or\n (e) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed member of the entity.\n\n (a) the public disclosure of the information would, or could reasonably be expected to, prejudice the investigation of, or the prosecution of a person for, an offence; or\n (b) the public disclosure of the information would, or could reasonably be expected to, endanger the life or safety of any person; or\n (i) the public disclosure of the information would, or could reasonably be expected to, prejudice the security, defence or international relations of Australia;\n (ii) the information was given in confidence to the Commissioner, a member of the staff assisting the Commissioner (see section 20F), a person engaged to assist the Commissioner under section 20G or a person engaged as a consultant under section 20H, acting in that capacity;\n (iii) written consent to the public disclosure of the information has not been given by the person or body that gave the information.\n\n> strategic plan means a strategic plan prepared under section 20X and includes a strategic plan as revised under that section.\n\n (c) a corporate Commonwealth entity, or a Commonwealth company, within the meaning of the Public Governance, Performance and Accountability Act 2013, which has a consolidated revenue of at least $100 million for the reporting period;\n\n> Note: The Commonwealth is required to report on behalf of non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013: see section 15 of this Act.\n\n (a) in the case of a body corporate—carries on business in Australia, a State or a Territory within the meaning of the Corporations Act 2001 (see section 21 of that Act); or\n\n (1) An entity covered by subsection (2) may volunteer to comply with the requirements of this Act for a reporting period, or reporting periods, by giving written notice to the Minister accordingly before the end of the reporting period (or the earliest of the reporting periods), in a manner and form approved by the Minister.\n\n (3) An entity may revoke a notice given under subsection (1), to the extent that it applies in relation to a reporting period or periods, by giving written notice accordingly to the Minister before the start of the reporting period, or the earliest of the reporting periods.\n\n (2) Without limiting subparagraph (1)(a)(vii), this Act’s reliance on the Commonwealth’s legislative powers under paragraph 51(xxix) of the Constitution is based on purposes including giving effect to the following international agreements, as amended and in force for Australia from time to time:\n (a) the International Convention to Suppress the Slave Trade and Slavery, done at Geneva on 25 September 1926 (\\[1927\\] ATS 11);\n (b) the ILO Convention (No. 29) concerning Forced or Compulsory Labour, done at Geneva on 28 June 1930 (\\[1933\\] ATS 21);\n (c) the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery, done at Geneva on 7 September 1956 (\\[1958\\] ATS 3);\n (e) the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979 (\\[1983\\] ATS 9);\n (g) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 (\\[2005\\] ATS 27);\n (h) the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done at New York on 25 May 2000 (\\[2007\\] ATS 6);\n (i) the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 (\\[2007\\] ATS 38).\n\n> Note: In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n This Act binds the Crown in right of the Commonwealth. However, it does not bind the Crown in right of a State, the Australian Capital Territory or the Northern Territory.\n\nThis Part requires modern slavery statements to be given annually to the Minister, describing the risks of modern slavery in the operations and supply chains of reporting entities and entities owned or controlled by those entities.\n\nThe Minister may request an explanation from an entity about the entity’s failure to comply with a requirement in relation to modern slavery statements, and may also request that the entity undertake remedial action in relation to that requirement. If the entity fails to comply with the request, the Minister may publish information about the failure to comply on the register or elsewhere, including the identity of the entity.\n\n (1) A reporting entity must give the Minister a modern slavery statement for the entity, for a reporting period, unless a modern slavery statement has been given covering the entity for that period under section 14 (joint modern slavery statements) or 15 (Commonwealth modern slavery statements).\n (e) is given to the Minister within 6 months after the end of the reporting period for the entity, in a manner approved by the Minister.\n\n (1) An entity, other than the Commonwealth, may give the Minister a modern slavery statement covering one or more reporting entities (which may include the entity giving the statement), for a reporting period for those reporting entities.\n (ii) an entity (the higher entity) which is in a position, directly or indirectly, to influence or control each reporting entity covered by the statement, whether or not the higher entity is itself covered by the statement; or\n (iii) if it is not practicable to comply with subparagraph (i) or (ii)—at least one reporting entity covered by the statement; and\n (i) within 6 months after the end of the reporting period for the entities covered by the statement, in a manner approved by the Minister; or\n\n (1) The Minister must prepare a modern slavery statement for the Commonwealth, for a reporting period, covering all non‑corporate Commonwealth entities within the meaning of the Public Governance, Performance and Accountability Act 2013.\n\n (c) describe the risks of modern slavery practices in the operations and supply chains of the reporting entity, and any entities that the reporting entity owns or controls; and\n (d) describe the actions taken by the reporting entity and any entity that the reporting entity owns or controls, to assess and address those risks, including due diligence and remediation processes; and\n\n> Note: Example: For paragraph (d), actions taken by an entity may include the development of policies and processes to address modern slavery risks, and providing training for staff about modern slavery.\n\n (2) A modern slavery statement, other than a statement to be given under section 15 (Commonwealth modern slavery statements), must include:\n (a) for a statement to be given under section 13 (modern slavery statements for single reporting entities)—details of approval by the principal governing body of the reporting entity; or\n (ii) if subparagraph 14(2)(d)(iii) applies—an explanation of why it is not practicable to comply with subparagraph 14(2)(d)(i) or (ii).\n\n (1) If the Minister is reasonably satisfied that an entity has failed to comply with a requirement under section 13 or 14 (which deal with requirements to give modern slavery statements), the Minister may give a written request to the entity to do either or both of the following:\n (a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given;\n (b) undertake specified remedial action in relation to that requirement in accordance with the request within a specified period of 28 days or longer after the request is given.\n\n> Note: Example: For a request relating to a failure to give a modern slavery statement to the Minister within the period required by section 13, remedial action specified under paragraph (b) of this subsection may be to give a modern slavery statement to the Minister within a further period specified in the request.\n\n (2) The Minister may extend, or further extend, a period specified in a request under subsection (1) by written notice given to the entity. The extension may be given before or after the end of the specified period (or that period as previously extended).\n (4) If the Minister is reasonably satisfied that an entity has failed to comply with a request under subsection (1), the Minister may publish the following information on the register, or in any other way the Minister considers appropriate:\n (b) if the request relates to the entity’s failure to comply with subsection 14(2) (joint modern slavery statements) in relation to a modern slavery statement—the identities of the reporting entities covered by the statement;\n (a) no explanation is given in response to the request within the period specified in the request under paragraph (1)(a) (as extended, if at all, under subsection (2)); or\n (b) no remedial action is undertaken in response to the request within the period specified in the request under paragraph (1)(b) (as extended, if at all, under subsection (2)).\n (6) Applications may be made to the Administrative Review Tribunal for review of the Minister’s decision under subsection (4) to publish information about an entity’s failure to comply with a request under subsection (1).\n\n (1) The Minister must maintain a register of modern slavery statements, to be known as the Modern Slavery Statements Register.\n\n (a) given in accordance with section 13 (modern slavery statements for single reporting entities) or 14 (joint modern slavery statements); or\n (2) The Minister may register a statement given for the purposes of compliance with section 13 or 14 (including a statement given in response to a request under section 16A) even if the entity giving the statement does not comply with the requirements of subsection 13(2) or 14(2).\n\n> Note: However, the Minister may elect not to register a modern slavery statement if the entity does not comply with those requirements.\n\n (1) An entity (other than the Commonwealth) may, by written notice to the Minister, accompanied by a revised version of a registered modern slavery statement given by the entity, request the Minister to register the revised version.\n (2) The revised version of the modern slavery statement must indicate the date of the revision and include a description of the changes made to the registered statement (or to the most recently registered revised version of the statement).\n (3) The Minister must register the revised version of the modern slavery statement, if the revised version complies with the requirements mentioned in the following provisions:\n (4) The Minister may register a revised version of a modern slavery statement even if it does not comply with the requirements mentioned in paragraph (3)(a) or (b).\n\n> Note: However, the Minister may elect not to register a revised version of a modern slavery statement which does not comply with those requirements.\n\n (5) For a modern slavery statement registered under section 15 (Commonwealth modern slavery statements), the Minister may register a revised version of the statement that complies with section 16 and subsection (2) of this section.\n\nThe Commissioner has functions relating to addressing modern slavery and supporting victims of modern slavery. The Commissioner’s functions include consulting and liaising with a range of persons, and advocating to the Commonwealth Government, in relation to modern slavery.\n\nThis Part deals with administrative matters relating to the Commissioner, including the appointment of the Commissioner, the terms and conditions on which the Commissioner holds office and arrangements relating to staff, contractors and consultants.\n\nThis Part also deals with requests for information from Commonwealth agencies, information disclosure, strategic plans and annual reports.\n\n (b) to support Australian entities and entities carrying on business in Australia to address risks of modern slavery practices in their operations and supply chains, and in the operations and supply chains of entities they own or control;\n (d) to support victims of modern slavery by providing information in relation to government and non‑government resources, programs and services, including by developing and maintaining guidance material and making such material publicly available;\n (e) to engage with, and promote engagement with, victims of modern slavery to inform measures for addressing modern slavery;\n (i) to consult and liaise with Commonwealth, State and Territory governments, agencies, bodies and office holders on matters relating to modern slavery;\n (k) to advocate to the Commonwealth Government on matters relating to modern slavery, including for continuous improvement in policy and practice;\n (2) To avoid doubt, the Commissioner may not investigate, or resolve complaints concerning, individual instances or suspected instances of modern slavery.\n\n In performing the Commissioner’s functions, the Commissioner must have regard to Australia’s international obligations under the international agreements mentioned in subsection 7(2).\n\n For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013), the Commissioner is an official of the Department.\n\n (1) The staff assisting the Commissioner are to be APS employees in the Department whose services are made available to the Commissioner by the Secretary of the Department, in connection with the performance of any of the Commissioner’s functions or the exercise of any of the Commissioner’s powers.\n (2) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage persons under a written agreement to assist the Commissioner to perform or exercise the functions or powers of the Commissioner.\n\n The Commissioner may, on behalf of the Commonwealth, engage consultants to advise in relation to the performance of the Commissioner’s functions.\n\n The Commissioner, and any person acting under the direction or authority of the Commissioner, is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the performance or purported performance, or exercise or purported exercise, of a function or power conferred by this Act.\n\n> Note: Qualifications, knowledge or experience in public policy relating to modern slavery or related forms of human exploitation may include experience engaging with victims of modern slavery or human trafficking.\n\n (3) Paragraph (2)(b) does not apply in relation to the reappointment of a person who, immediately before the start of the period of reappointment, holds office as the Commissioner under a previous appointment under subsection (1).\n\n As soon as practicable after the office of the Commissioner becomes vacant, a Commissioner or acting Commissioner must be appointed under section 20L or 20P.\n\n (1) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or\n\n (2) A person must not be appointed to act as the Commissioner unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience to be appointed as the Commissioner.\n\n (1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the rules.\n\n (2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.\n\n The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the approval of the Minister.\n\n (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.\n\n (b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity.\n (c) the Commissioner engages, except with the Minister’s approval, in paid work outside the duties of the Commissioner’s office (see section 20S); or\n (d) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.\n\n The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.\n\n (1) If the Commissioner reasonably believes that a Commonwealth agency has information relevant to the performance of the Commissioner’s functions, the Commissioner may, in writing, request the agency to give the information to the Commissioner.\n (2) The request may specify a period within which the information is to be given. The period specified must be reasonable.\n\n (b) a person who performs the functions of, or performs functions within, a Commonwealth entity (within the meaning of that Act).\n\n (1) This section applies to information obtained by any of the following persons in the person’s capacity as such a person:\n (2) The Commissioner may disclose the information to a person or body mentioned in subsection (3) if the Commissioner reasonably believes the disclosure will enable or assist the person or body to perform or exercise any of the person or body’s functions or powers.\n\n (b) state the Commissioner’s priorities and principal objectives for the period in relation to the performance of the Commissioner’s functions; and\n (c) include, as one such principal objective, the Commissioner making guidance material publicly available to support victims of modern slavery.\n (7) The Commissioner must cause a strategic plan to be published on the Commissioner’s website as soon as practicable after the plan is prepared or revised (as the case may be).\n\n (1) The Commissioner must, within 3 months after the end of a financial year, prepare and give to the Minister an annual report on the Commissioner’s activities during the financial year.\n\n (b) the progress made towards any objectives set out in the strategic plan or plans that were in force during all or part of the financial year; and\n (c) a description of any milestones in relation to the Commissioner’s activities that were reached during the financial year; and\n (3) If the Commissioner considers that the annual report contains sensitive information, the Commissioner must also prepare and give to the Minister, at the same time as the annual report, a version of the report which does not contain that information.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be published on the Commissioner’s website as soon as practicable after the report is tabled in the House of Representatives.\n\n (1) The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers under this Act to an APS employee whose services have been made available under section 20F and who is:\n (2) In performing functions or exercising powers under the delegation, the delegate must comply with any written directions of the Commissioner.\n\n (1) The Minister may, by writing, delegate all or any of the Minister’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n\n (1) The Minister must cause a report to be prepared for each calendar year (including the year in which this section commences) about the implementation of this Act during the year, including the following (without limitation):\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n (ab) whether additional measures to improve compliance with this Act and any rules are necessary or desirable, such as civil penalties for failure to comply with the requirements of this Act; and\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n","sortOrder":49},{"sectionNumber":"20W","sectionType":"section","heading":"Commissioner may request information from Commonwealth agencies","content":"## 20W Commissioner may request information from Commonwealth agencies\n\n (1) If the Commissioner reasonably believes that a Commonwealth agency has information relevant to the performance of the Commissioner’s functions, the Commissioner may, in writing, request the agency to give the information to the Commissioner.\n (2) The request may specify a period within which the information is to be given. The period specified must be reasonable.\n\n (b) a person who performs the functions of, or performs functions within, a Commonwealth entity (within the meaning of that Act).\n\n","sortOrder":50},{"sectionNumber":"20WA","sectionType":"section","heading":"Disclosure of information by Commissioner","content":"## 20WA Disclosure of information by Commissioner\n\n (1) This section applies to information obtained by any of the following persons in the person’s capacity as such a person:\n (2) The Commissioner may disclose the information to a person or body mentioned in subsection (3) if the Commissioner reasonably believes the disclosure will enable or assist the person or body to perform or exercise any of the person or body’s functions or powers.\n\n","sortOrder":51},{"sectionNumber":"20X","sectionType":"section","heading":"Strategic plan","content":"## 20X Strategic plan\n\n (b) state the Commissioner’s priorities and principal objectives for the period in relation to the performance of the Commissioner’s functions; and\n (c) include, as one such principal objective, the Commissioner making guidance material publicly available to support victims of modern slavery.\n (7) The Commissioner must cause a strategic plan to be published on the Commissioner’s website as soon as practicable after the plan is prepared or revised (as the case may be).\n\n","sortOrder":52},{"sectionNumber":"20Y","sectionType":"section","heading":"Annual report by Commissioner","content":"## 20Y Annual report by Commissioner\n\n (1) The Commissioner must, within 3 months after the end of a financial year, prepare and give to the Minister an annual report on the Commissioner’s activities during the financial year.\n\n (b) the progress made towards any objectives set out in the strategic plan or plans that were in force during all or part of the financial year; and\n (c) a description of any milestones in relation to the Commissioner’s activities that were reached during the financial year; and\n (3) If the Commissioner considers that the annual report contains sensitive information, the Commissioner must also prepare and give to the Minister, at the same time as the annual report, a version of the report which does not contain that information.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information;\n to be published on the Commissioner’s website as soon as practicable after the report is tabled in the House of Representatives.\n\n","sortOrder":53},{"sectionNumber":"Part Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4 Miscellaneous\n\n","sortOrder":54},{"sectionNumber":"21","sectionType":"section","heading":"Simplified outline of this Part","content":"## 21 Simplified outline of this Part\n\n","sortOrder":55},{"sectionNumber":"22","sectionType":"section","heading":"Unincorporated entities","content":"## 22 Unincorporated entities\n\n","sortOrder":56},{"sectionNumber":"22A","sectionType":"section","heading":"Delegation by Commissioner","content":"## 22A Delegation by Commissioner\n\n (1) The Commissioner may, in writing, delegate all or any of the Commissioner’s functions or powers under this Act to an APS employee whose services have been made available under section 20F and who is:\n (2) In performing functions or exercising powers under the delegation, the delegate must comply with any written directions of the Commissioner.\n\n","sortOrder":57},{"sectionNumber":"23","sectionType":"section","heading":"Delegation by Minister","content":"## 23 Delegation by Minister\n\n (1) The Minister may, by writing, delegate all or any of the Minister’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n\n","sortOrder":58},{"sectionNumber":"23A","sectionType":"section","heading":"Annual reports about implementation","content":"## 23A Annual reports about implementation\n\n (1) The Minister must cause a report to be prepared for each calendar year (including the year in which this section commences) about the implementation of this Act during the year, including the following (without limitation):\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n","sortOrder":59},{"sectionNumber":"24","sectionType":"section","heading":"Three‑year review","content":"## 24 Three‑year review\n\n (ab) whether additional measures to improve compliance with this Act and any rules are necessary or desirable, such as civil penalties for failure to comply with the requirements of this Act; and\n (3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.\n\n","sortOrder":60},{"sectionNumber":"25","sectionType":"section","heading":"Rules","content":"## 25 Rules\n\n","sortOrder":61}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"s3 (Simplified outline) vs s5(1)(a)","severity":"medium","reasoning":"The simplified outline is not legally operative, but it creates a genuine inconsistency in the way the Act describes itself. An entity with exactly $100 million revenue is a 'reporting entity' under s5(1)(a) but would reasonably believe it is not required to report based on the Act's own summary provision in s3. This is a drafting error that could mislead compliance officers.","confidence":0.92,"description":"The simplified outline states the revenue threshold is 'more than $100 million', but the operative provision in s5(1)(a) sets the threshold at 'at least $100 million'. This means an entity with exactly $100 million in consolidated revenue is captured by s5 but excluded by the plain reading of the Act's own summary."},{"type":"impossible_compliance","section":"s20C(2)","severity":"medium","reasoning":"The line between supporting a victim (permitted) and investigating their individual instance of modern slavery (prohibited) is functionally incoherent. A victim seeking support will present facts about their individual situation. The Commissioner cannot meaningfully direct them to appropriate services without considering those individual facts, which constitutes at minimum informal investigation. The prohibition is unenforceable in practice and creates legal uncertainty for the Commissioner.","confidence":0.78,"description":"The Commissioner is prohibited from investigating individual instances of modern slavery, yet is simultaneously required by s20C(1)(d) to 'support victims of modern slavery by providing information in relation to government and non-government resources, programs and services'. Providing meaningful, tailored support to victims necessarily requires engagement with individual circumstances, creating an impossible practical boundary between 'support' and prohibited 'investigation'."},{"type":"self_contradicting","section":"s20J and s20F(2)","severity":"low","reasoning":"The independence provision in s20J is qualified by 'subject to this Act', so the consultation requirement in s20X(6) is technically reconcilable. However, the declaration of 'complete discretion' combined with mandatory consultation, ministerial approval of paid work (s20S), and ministerial power to grant leave (s20R) creates a structural tension that undermines the claimed completeness of that discretion. The word 'complete' is demonstrably inaccurate.","confidence":0.7,"description":"Section 20J grants the Commissioner 'complete discretion' and immunity from direction from 'anyone', but s20F(2) expressly provides that staff assisting the Commissioner are 'subject to the directions of the Commissioner' — meaning the Commissioner can direct others but cannot themselves be directed. More critically, s20X(6) requires the Commissioner to consult the Minister and the Secretary when preparing strategic plans, which is a form of procedural constraint on independence, yet s20J says the Commissioner is not subject to direction from anyone."},{"type":"other","section":"s16A(5)","severity":"medium","reasoning":"The 'if and only if' construction is logically exhaustive and creates a binary: either something is given within the period (compliance) or nothing is given (non-compliance). There is no qualitative threshold for what constitutes an adequate explanation or sufficient remedial action, meaning the enforcement mechanism can be trivially circumvented by any response, however meaningless.","confidence":0.85,"description":"Section 16A(5) provides that an entity fails to comply with a request 'if, and only if' no explanation or no remedial action is provided within the specified period. This exhaustive definition of non-compliance means that an entity which provides a wholly inadequate or bad-faith explanation — even a one-word response — technically complies with the request and cannot be named on the register. The provision creates a loophole that rewards minimal or perfunctory responses."},{"type":"impossible_compliance","section":"s6(1) and s6(3)","severity":"medium","reasoning":"Section 6(1) allows volunteering 'before the end of the reporting period', which includes any time during the period. But s6(3) requires revocation 'before the start' of the period. Once an entity is mid-period and volunteers, it is legally impossible to revoke for that period. The note to s6(1) states an entity 'can volunteer in relation to a reporting period and all later reporting periods', implying prospective application, but the text of s6(1) permits volunteering at any time before period end, creating this asymmetry.","confidence":0.82,"description":"An entity may volunteer to comply before the end of a reporting period (s6(1)), but may only revoke that volunteer notice before the start of the reporting period (s6(3)). This means an entity that volunteers partway through a reporting period — which is expressly permitted — can never revoke that notice for that same reporting period, since the period has already started. The revocation right is illusory for any mid-period volunteer."},{"type":"circular_definition","section":"s20M","severity":"low","reasoning":"The provision appears to impose a duty on the very officeholder whose absence creates the vacancy. In practice the Governor-General would make appointments under s20L and the Minister under s20P, but the section as drafted imposes the obligation on a non-existent person. This is a drafting infelicity rather than a fundamental flaw, but it is logically absurd on its face.","confidence":0.75,"description":"Section 20M requires that 'as soon as practicable after the office of the Commissioner becomes vacant, a Commissioner or acting Commissioner must be appointed'. This creates a circular impossibility: if the office is vacant, there is no Commissioner to appoint anyone, and the duty to fill the vacancy is imposed on 'a Commissioner or acting Commissioner' — who does not exist if the office is truly vacant and no acting appointment has been made."},{"type":"other","section":"s20Q(1)","severity":"low","reasoning":"The fallback remuneration mechanism relies on rules, but rules cannot set appropriation amounts (s25(2)(d)). Remuneration requires an appropriation. Without a Tribunal determination and with rules constrained from setting appropriation amounts, there is a gap in the payment mechanism that could leave the Commissioner's remuneration legally uncertain.","confidence":0.6,"description":"Section 20Q(1) provides that if no Remuneration Tribunal determination is in operation, the Commissioner is to be paid remuneration 'prescribed by the rules'. However, s25(2)(a) expressly prohibits the rules from creating or imposing anything that could be characterised as a tax, and s25(2)(d) prohibits rules from setting amounts to be appropriated. While remuneration is technically not a tax, the interaction raises the question of whether rules can validly prescribe remuneration without an appropriation mechanism, potentially leaving the Commissioner unpaid if the Tribunal has not acted."}],"contradictions":[{"severity":"medium","section_a":"s3 (Simplified outline)","section_b":"s5(1)(a)","confidence":0.92,"description":"The simplified outline states the threshold is entities with revenue 'more than $100 million', while s5(1)(a) uses 'at least $100 million'. An entity with exactly $100 million revenue is a reporting entity under the operative provision but not according to the Act's own description of itself."},{"severity":"medium","section_a":"s19(1)","section_b":"s19(2) and Note to s19(2)","confidence":0.8,"description":"Section 19(1) imposes a mandatory obligation on the Minister to register statements 'given in accordance with' sections 13 or 14. Section 19(2) then grants the Minister a discretionary power to register statements even where the entity does not comply with subsection 13(2) or 14(2). The note to s19(2) states 'the Minister may elect not to register' non-compliant statements. This creates an unresolved tension: if a statement is given in technical accordance with s13 (i.e., submitted) but fails the s13(2) requirements, does the mandatory duty in s19(1) apply, or does the discretion in s19(2) govern? The provisions do not clearly delineate when one applies versus the other."},{"severity":"medium","section_a":"s20C(1)(ma)","section_b":"s20C(1) structure","confidence":0.73,"description":"Paragraph (ma) of s20C(1) — which requires the Commissioner to 'engage with victims of modern slavery to inform and support the performance of the above functions' — is inserted after paragraph (m) and before paragraph (n). Paragraph (n) provides for doing anything 'incidental or conducive to the performance of any of the above functions'. The phrase 'above functions' in (ma) would logically include (ma) itself in a circular self-reference, and the ordering suggests (ma) was inserted as an amendment after original drafting, creating structural incoherence in the list. More substantively, (ma) requires engagement with victims to 'support the performance' of functions, while s20C(2) prohibits investigating individual instances — creating a direct operational contradiction when victims present individual cases."},{"severity":"low","section_a":"s14(2)(d)(iii) and s14(2)(e)(iii)","section_b":"s16(1)(f)(i)","confidence":0.65,"description":"Under s14(2)(d)(iii), where it is not practicable to obtain approval from all reporting entities or a higher entity, approval from 'at least one reporting entity' suffices. Section 14(2)(e)(iii) then requires signing by a responsible member of 'each reporting entity to which the subparagraph applies'. However, s16(1)(f)(i) requires the statement to describe the consultation process with 'any entities that the reporting entity owns or controls' — but where subparagraph (d)(iii) applies, entities that were not consulted (because it was not practicable) would need to be described in the consultation process, potentially requiring disclosure that no consultation occurred with entities that were supposed to be covered by the statement."},{"severity":"low","section_a":"s20J (Commissioner independence)","section_b":"s20S, s20R(2), s20X(6)","confidence":0.8,"description":"Section 20J declares the Commissioner has 'complete discretion' and 'is not subject to direction from anyone'. This is directly contradicted by: s20S (Commissioner must not engage in paid work without Ministerial approval); s20R(2) (Minister determines terms and conditions of non-recreation leave); and s20X(6) (Commissioner must consult the Minister and Secretary when preparing strategic plans). While s20J is qualified by 'subject to this Act', the claim of 'complete' discretion is objectively false given these express statutory constraints."},{"severity":"low","section_a":"s8 (Act binds the Crown — Commonwealth only)","section_b":"s10 (Extra-territorial application)","confidence":0.72,"description":"Section 8 provides the Act binds the Crown in right of the Commonwealth but not in right of States or Territories. Section 10 extends the Act to 'acts, omissions, matters and things outside Australia'. This creates an asymmetry where the Act can reach conduct by private entities occurring entirely outside Australia, but cannot bind State Crown entities operating within Australia. A foreign entity operating abroad may have obligations under the Act that a NSW Government trading enterprise operating domestically does not."}]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This version of the Act implements a transparency-based reporting regime and establishes an Anti‑Slavery Commissioner; those elements align with the Act’s stated original purpose (require reporting by large entities and create a Commissioner). The Act does not, in its current text, add criminal or civil sanctions beyond reputational enforcement (publication) and administrative requests for explanation/remediation — although the three‑year review explicitly contemplates whether civil penalties should be introduced in the future (s24). The substantive scope (who must report, what must be reported, and creation of the Commissioner) therefore appears consistent with the original statutory purpose rather than a significant post‑enactment expansion."},"complexity_factors":["Approximately 19 named defined terms in the interpretation section (e.g. accounting standards; Australian entity; consolidated revenue; reporting entity; modern slavery; principal governing body; responsible member; sensitive information).","Cross-references to multiple external statutes and instruments (Corporations Act 2001, Income Tax Assessment Acts, Public Governance, Performance and Accountability Act 2013, Criminal Code, international conventions) increasing interpretive load (see s4, s5, s7).","Several conditional reporting routes: single entity statements (s13), joint statements with multi-layer approval rules (s14), Minister-prepared Commonwealth statement (s15).","Nested approval/signature rules for joint statements with 'higher entity' options and fallback pragmatism (s14(2)(d)-(e)), including required explanations where certain approvals are impracticable (s16(2)/s14(2)(d)(iii)).","Discretionary administrative powers for the Minister (to register or not register statements or revisions; to request explanations/remedial action; to publish non-compliance) with internal extension and review routes (s19, s20, s16A).","Definitions of consolidated revenue and control rely on accounting standards and consolidation rules (s4), which import technical accounting law and group-level calculations.","Extra-territorial application (s10) and Commonwealth binding (s8) broaden scope and add cross-border compliance considerations.","Commissioner establishment includes detailed appointment, delegation, disclosure, strategic plan and reporting rules (ss20B–20Y), adding administrative complexity.","Rule‑making power with express limitations (s25) — rules can fill gaps but cannot create offences or penalties, requiring careful drafting and interpretation.","Timing and procedural conditions: 6‑month lodgement deadline, 28‑day (or longer) response periods for Minister requests, strategic plan periods up to 3 years, and staged 3‑year statutory review (ss13(2)(e),16A(1),20X,24)."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Requires certain organisations to prepare and lodge an annual \"modern slavery statement\" with the Commonwealth Minister, and makes those statements publicly available online on a Minister‑maintained register (see sections 13, 18, 19).\n- The mandatory reporting threshold is consolidated revenue of at least A$100 million for the reporting period. That threshold applies to Australian entities and to entities that \"carry on business in Australia\"; the Commonwealth itself must also report (see sections 3, 5).\n- Statements must meet mandatory content criteria: identify the reporting entity; describe its structure, operations and supply chains; describe modern slavery risks and actions taken (due diligence, remediation); explain how effectiveness is assessed; and describe consultation processes (see section 16). Statements must be approved by the entity’s principal governing body and signed by an authorised individual (see sections 13(2)(c)-(d), 16(2)).\n- Entities may submit a joint statement covering multiple reporting entities if the joint statement meets special preparation, approval and signature rules (see section 14).\n- The Minister keeps a public Modern Slavery Statements Register and must make it freely accessible on the internet (see sections 18–19). The Minister may register revised statements in specified circumstances (see section 20).\n- If the Minister reasonably believes an entity has failed to comply with the reporting requirement, the Minister may request an explanation or remedial action; if the entity fails to respond or remediate, the Minister may publish information about that failure (including the entity’s identity) on the register or elsewhere. Decisions to publish are reviewable by the Administrative Review Tribunal (see section 16A).\n- The Act creates an Australian Anti‑Slavery Commissioner to promote compliance, provide guidance, support victims with information, engage with governments and stakeholders, collect and publish information, and advocate for policy improvement (see sections 20B–20C). The Commissioner is not empowered to investigate or resolve individual cases of suspected modern slavery (see section 20C(2)).\n- Administrative arrangements govern appointment, term (max 5 years), remuneration, staff, contractors, disclosure and reporting by the Commissioner. The Commissioner has operational independence within the Act’s terms (see sections 20L, 20N, 20J, 20F, 20Q–20Y).\n- The Minister may make rules by legislative instrument to prescribe matters necessary to implement the Act, subject to limits (the rules cannot create new offences or civil penalties, impose taxes, grant powers of arrest/search/detention, or directly amend the Act) (see section 25).\n- The Act applies extra‑territorially (it extends to acts and omissions outside Australia) and binds the Commonwealth (see sections 8–10).\n\n\nWho is affected\n\n- Large businesses and groups: any entity with consolidated revenue of at least A$100 million in a reporting period that is an Australian entity or carries on business in Australia (s5(1)(a)). That includes corporate Commonwealth entities and Commonwealth companies over the threshold (s5(1)(c)). Because \"consolidated revenue\" uses accounting standards and includes controlled entities, it will typically capture multinational groups when consolidated accounts meet the threshold (definition in s4).\n- The Commonwealth and non‑corporate Commonwealth entities: the Minister must prepare a statement on behalf of non‑corporate Commonwealth entities (s15).\n- Smaller entities may participate voluntarily by giving written notice to the Minister (s6).\n- Boards and senior officers: principal governing bodies must approve statements and a responsible member must sign them, so boards/trustees carry approval and accountability duties (s13(2)(c)-(d), s4 definition of principal governing body/responsible member).\n- Supply‑chain partners and controlled entities: the required statement must describe risks in operations and supply chains and actions taken in entities the reporting entity owns or controls—so upstream and downstream suppliers and controlled entities are indirectly affected through the reporting entity’s due diligence (s16(1)(c)-(d)).\n\n\nWhy it matters (stated purpose and how it changes incentives)\n\n- The Act’s stated purpose is transparency: to require public reporting by large entities about the risks of modern slavery in their operations and supply chains and the actions they take to address those risks (s3, s11). The public register makes company disclosures auditable by investors, customers, NGOs and the public (s18–19).\n- Mechanically, the law shifts information costs onto reporting entities: they must identify, assess and disclose modern slavery risks, design and implement due diligence and remediation processes, and document and certify those activities for annual public reporting (s16).\n- That shift creates ongoing compliance costs (internal staff time, external advisers, auditing of supply chains), and creates reputational incentives: entities will face public scrutiny of their disclosures and of any Ministerial publication about non‑compliance (s16A(4)).\n\n\nTesting the stated purposes against costs, trade‑offs and incentives\n\n- Who pays: the direct cost falls on reporting entities (boards, management) that must gather, assess and publish information, and on their suppliers where tracing and due diligence extend into supply chains (s16). Indirectly, costs can cascade to suppliers required to provide information or change practices to stay on buyers’ supply lists.\n- Behavioural effects and substitution: the main private‑sector response options are improved supply‑chain due diligence, contractual changes with suppliers, supplier audits, or substituting suppliers/countries to reduce perceived risk. Companies may also opt to report voluntarily (s6) to signal compliance ahead of competitors.\n- Competition and market effects: large entities bear compliance costs that are proportionate to the $100m threshold and consolidated accounting rules. Smaller competitors below the threshold are not required to report, producing asymmetric compliance burdens. Because the threshold is revenue‑based and consolidated, multinational groups are likely captured; that reduces the risk of regulatory avoidance by splitting operations into subsidiaries but may encourage restructuring if entities try to avoid consolidation rules.\n- Speech and reputational effects: public statements are not criminal penalties — the Act relies on disclosure and reputational pressure rather than fines. The Minister can publish non‑compliance information (s16A(4)), which is a reputational enforcement mechanism rather than a civil or criminal penalty.\n- Implementation risk and compliance burden: the Act leaves design details to entities (the mandatory criteria are descriptive rather than prescriptive — s16) and permits rules by the Minister to fill gaps (s25). That creates uncertainty about detailed expectations, and entities may need to invest in external guidance or consultants (the Commissioner is statutorily required to produce guidance material — s20X(2)(c)).\n- Bureaucratic discretion and limits: the Minister has discretion about registration of statements and revised statements (s19(2), s20(4)), and to publish non‑compliance. The rules cannot create offences or civil penalties (s25(2)), but the Act specifically requires a three‑year review to consider whether additional measures such as civil penalties are necessary or desirable (s24(1)(ab)). That means future enforcement strength could change after the review.\n- Concentrated benefits and diffuse costs: any significant compliance burden is concentrated on large entities and their supply chains. Benefits from increased transparency accrue to investors, civil society, and consumers (diffuse), while the Commissioner and those who provide guidance/training may see concentrated demand (s20C, s20G–20H).\n- Capture and rent‑seeking risks: the Act principally mandates disclosure and creates an advisory Commissioner. It does not establish new procurement controls or sanctions that could immediately generate transfers. However, rule‑making and Ministerial discretion over registration/publication could create avenues for lobbying over administrative detail (s25, s19, s16A).\n\n\nPractical implementation points for affected entities\n\n- Determine whether consolidated revenue meets the A$100m threshold for the relevant reporting period and whether the entity is an \"Australian entity\" or \"carries on business in Australia\" (s4, s5).\n- If captured, assemble a modern slavery statement that addresses each mandatory criterion in section 16, obtain board approval, and ensure an authorised signatory signs and lodges the statement within six months after the end of the reporting period (s13(2), s16).\n- Expect to use the Commissioner’s guidance material and the public register as reference points (s20X, s18).\n\n\nLimitations and legal constraints in the Act\n\n- The Commissioner cannot investigate or resolve individual suspected instances of modern slavery (s20C(2)).\n- Rules made by the Minister cannot create offences or civil penalties (s25(2)), but the three‑year review explicitly contemplates whether civil penalties should be considered (s24(1)(ab)).\n\n\nKey sections cited: sections 3 (overview), 4 (definitions), 5 (reporting entity), 6 (voluntary reporting), 13–16 (statement requirements), 16A (Minister requests and publication for non‑compliance), 18–20 (register and registration), 20B–20Y (Commissioner), 24 (three‑year review), 25 (rules)."},"kimi_summary":{"_metrics":{"completionTokens":750},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original transparency‑reporting focus. The 2023 amendments (reflected in this version) added Part 3A establishing the Australian Anti‑Slavery Commissioner with extensive advocacy, research and victim‑support functions. This transformed the Act from a pure reporting mechanism into a broader institutional framework for addressing modern slavery, including strategic planning, annual reporting by the Commissioner, and information‑sharing powers with law enforcement."},"complexity_factors":["Multiple defined terms cross‑referencing other Acts (Corporations Act 2001, Income Tax Assessment Acts, Public Governance, Performance and Accountability Act 2013)","Nested conditions for 'reporting entity' status (revenue threshold + Australian entity OR carrying on business in Australia)","Three distinct reporting pathways with slightly different requirements (single entity, joint, Commonwealth)","Complex approval and signing requirements for joint statements with fallback provisions","Detailed administrative framework for the Commissioner including appointment, terms, delegations and strategic planning","Extensive list of international agreements in constitutional basis section (9 treaties referenced)","Sensitive information carve‑outs with three‑part test in section 4","Rules‑making power with explicit prohibitions on creating offences, penalties or coercive powers"],"plain_english_summary":"This Act creates a **transparency and reporting scheme** for large businesses and government entities to address modern slavery in their operations and supply chains.\n\n**Who must report?**\n- **Large businesses**: Australian entities or foreign businesses operating in Australia with **consolidated revenue of $100 million or more** per year\n- **Commonwealth government entities**: Including corporate Commonwealth entities and Commonwealth companies meeting the revenue threshold\n- **Voluntary reporters**: Smaller entities can opt in to the reporting requirements\n\n**What must be reported?**\nEntities must submit an annual **modern slavery statement** to the Minister covering:\n- Their structure, operations and supply chains\n- Risks of modern slavery practices (including in entities they own or control)\n- Actions taken to assess and address those risks\n- How they evaluate the effectiveness of those actions\n- Consultation processes with owned/controlled entities\n\n**Where do reports go?**\nStatements are published on a **public online register** — the Modern Slavery Statements Register — accessible free of charge.\n\n**What is \"modern slavery\"?**\nThe Act defines this broadly to include:\n- Human trafficking and slavery offences under the Criminal Code\n- Forced labour and servitude\n- The worst forms of child labour\n- Conduct that would be offences if it occurred in Australia\n\n**The Australian Anti‑Slavery Commissioner**\nThe Act establishes this independent office to:\n- Promote compliance with the Act\n- Support businesses to address modern slavery risks\n- Support victims with information and guidance\n- Conduct research and education\n- Advocate for policy improvements\n- **Note**: The Commissioner cannot investigate individual cases\n\n**Enforcement**\nThe Minister can request explanations and remedial action for non‑compliance. If entities fail to respond, the Minister may **publicly name them** on the register. There are **no civil penalties** for non‑compliance (though the 3‑year review must consider whether to add them).\n\n**Key features**\n- **Joint statements allowed**: Parent companies can report on behalf of subsidiaries\n- **Revised statements**: Entities can submit corrected versions\n- **Annual Ministerial reports**: On implementation and best practice\n- **Mandatory 3‑year review**: Must consider adding civil penalties and other improvements"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act as originally enacted in 2018 focused solely on mandatory reporting obligations and the public register. The version analysed shows significant expansion: Part 3A (the Australian Anti-Slavery Commissioner) was added through subsequent amendment, substantially broadening the Act beyond a pure reporting regime into an active advocacy, victim support, research, and government advisory function. The three-year review provisions (section 24) also explicitly contemplate further scope expansion, including possible introduction of civil penalties. The structural repetition in the document strongly indicates the text reflects a post-amendment consolidation."},"complexity_factors":["Multiple cross-references to other Acts (Corporations Act 2001, Income Tax Assessment Acts 1936 and 1997, Public Governance Performance and Accountability Act 2013, Criminal Code) requiring understanding of those frameworks","Consolidated revenue calculation requires application of accounting standards, including across corporate groups with controlled entities","Tiered entity classification system (Australian entities, entities carrying on business, Commonwealth entities, corporate Commonwealth entities, voluntary reporters) each with different obligations","Complex joint statement provisions with three alternative approval pathways (each reporting entity, a higher controlling entity, or at least one entity where others are impracticable)","Broad definition of 'modern slavery' incorporating multiple international treaty definitions alongside domestic Criminal Code offences","No financial penalties currently, but enforcement relies on a soft 'name and shame' mechanism with reviewable ministerial discretion — making risk assessment difficult for compliance officers","Significant reliance on ministerial rules and approvals (forms, manner of lodgement, etc.) that are not contained in the Act itself, requiring reference to subordinate legislation","Commissioner role has broad but deliberately non-investigative powers, creating ambiguity about practical scope","Extra-territorial application adds complexity for multinational supply chains","The document as provided contains significant structural repetition (whole sections repeated), suggesting amendments have created a complex consolidated text"],"plain_english_summary":"## What This Law Does\n\nThe **Modern Slavery Act 2018** is Australia's federal law requiring large businesses and government bodies to be transparent about whether forced labour, human trafficking, child labour, or other forms of exploitation (collectively called \"modern slavery\") might be happening in their business operations or **supply chains** (the network of suppliers, manufacturers, and contractors a business uses).\n\n---\n\n## Who Must Comply?\n\n**You are legally required to report if your organisation:**\n- Has an **annual consolidated revenue (total income, including from any businesses you own or control) of $100 million or more**, AND\n- Is an Australian entity (company, trust, partnership, etc.) OR operates a business in Australia\n\n**The Australian Government itself** must also report on behalf of all non-corporate government departments and agencies.\n\n**Smaller organisations** can choose to report voluntarily — there's no penalty for not doing so, but once you opt in, you're bound by the same rules.\n\n---\n\n## What Do You Have to Do?\n\nIf you're a covered entity, you must produce an annual **Modern Slavery Statement** — a formal report signed off by your board (or equivalent governing body) — that:\n1. Describes your business structure and supply chains\n2. Identifies where modern slavery risks exist in your operations or supply chains\n3. Explains what you're doing to assess and address those risks\n4. Describes how you measure whether those actions are working\n5. Details how you consulted with any businesses you own or control\n\nThe statement must be lodged within **6 months of the end of your reporting period** (usually your financial year).\n\n**Multiple related entities can file a single joint statement**, which is handy for large corporate groups.\n\n---\n\n## What Happens If You Don't Comply?\n\nThere are **no fines or criminal penalties** in this Act — it's a \"report or explain\" regime. However:\n- The Minister can formally request an explanation and/or that you take remedial action (you get at least 28 days to respond)\n- If you still don't comply, the Minister can **publicly name your organisation** on the register or elsewhere\n- That public \"naming\" decision can be challenged in the **Administrative Review Tribunal** (an independent body that reviews government decisions)\n\n---\n\n## The Public Register\n\nAll statements are published on the free, publicly accessible **Modern Slavery Statements Register** on the internet. Anyone — consumers, investors, journalists, NGOs — can look up what a company has reported.\n\n---\n\n## The Australian Anti-Slavery Commissioner\n\nThe Act also creates an **Australian Anti-Slavery Commissioner** — an independent officer who:\n- Helps businesses understand and meet their obligations\n- Supports victims of modern slavery (connecting them with services and resources)\n- Conducts research and education about modern slavery\n- Advises the government on modern slavery policy\n- **Cannot** investigate individual complaints or cases (that's for law enforcement)\n\nThe Commissioner must publish a strategic plan, produce annual reports, and consult broadly. They serve a maximum of two terms of up to 5 years each.\n\n---\n\n## Why Does This Matter to You?\n\n- **If you work for or run a large business:** Your organisation almost certainly needs to file these statements. Board members sign off personally.\n- **If you're a consumer or investor:** You can look up what companies say about their supply chains — and judge them accordingly.\n- **If you're a supplier to large businesses:** Expect to be asked questions about your labour practices, as big businesses try to manage their reporting obligations.\n- **If you're a victim of modern slavery:** The Commissioner's role includes helping connect you with support services.\n- **Note:** This Act does **not** create new criminal offences for slavery — those already exist elsewhere in federal law."}},"importantCases":[],"_links":{"self":"/api/acts/modern-slavery-act-2018","history":"/api/acts/modern-slavery-act-2018/history","analysis":"/api/acts/modern-slavery-act-2018/analysis","conflicts":"/api/acts/modern-slavery-act-2018/conflicts","importantCases":"/api/acts/modern-slavery-act-2018/important-cases","documents":"/api/acts/modern-slavery-act-2018/documents"}}