Div Division 1Preliminary

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## Division 1 Preliminary An 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 (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. <table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Commencement information</td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Column 1</td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Column 2</td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Column 3</td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Provisions</td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Commencement</td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">Date/Details</td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table</td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">The day this Act receives the Royal Assent.</td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">10 December 2018</td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">2. Sections 3 to 10 and Parts 2 to 4</td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">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.</td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top">1 January 2019(F2018N00189)</td></tr></tbody></table> ``` > 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. (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. This 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. The 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. Reports 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. This 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). (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 (c) a corporate limited partnership which is a resident within the meaning of section 94T of the Income Tax Assessment Act 1936; or (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; 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. (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 (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). > 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). (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. > 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. (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 (e) if the entity is of a kind prescribed by rules made for the purposes of this paragraph—a prescribed member of the entity. (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 (b) the public disclosure of the information would, or could reasonably be expected to, endanger the life or safety of any person; or (i) the public disclosure of the information would, or could reasonably be expected to, prejudice the security, defence or international relations of Australia; (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; (iii) written consent to the public disclosure of the information has not been given by the person or body that gave the information. > strategic plan means a strategic plan prepared under section 20X and includes a strategic plan as revised under that section. (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; > 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. (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 (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. (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. (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: (a) the International Convention to Suppress the Slave Trade and Slavery, done at Geneva on 25 September 1926 (\[1927\] ATS 11); (b) the ILO Convention (No. 29) concerning Forced or Compulsory Labour, done at Geneva on 28 June 1930 (\[1933\] ATS 21); (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); (e) the Convention on the Elimination of All Forms of Discrimination Against Women, done at New York on 18 December 1979 (\[1983\] ATS 9); (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); (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); (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). > 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). 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. This 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. The 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. (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). (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. (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. (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 (iii) if it is not practicable to comply with subparagraph (i) or (ii)—at least one reporting entity covered by the statement; and (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 (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. (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 (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 > 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. (2) A modern slavery statement, other than a statement to be given under section 15 (Commonwealth modern slavery statements), must include: (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 (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). (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: (a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given; (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. > 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. (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). (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: (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; (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 (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)). (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). (1) The Minister must maintain a register of modern slavery statements, to be known as the Modern Slavery Statements Register. (a) given in accordance with section 13 (modern slavery statements for single reporting entities) or 14 (joint modern slavery statements); or (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). > Note: However, the Minister may elect not to register a modern slavery statement if the entity does not comply with those requirements. (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. (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). (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: (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). > Note: However, the Minister may elect not to register a revised version of a modern slavery statement which does not comply with those requirements. (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. The 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. This 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. This Part also deals with requests for information from Commonwealth agencies, information disclosure, strategic plans and annual reports. (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; (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; (e) to engage with, and promote engagement with, victims of modern slavery to inform measures for addressing modern slavery; (i) to consult and liaise with Commonwealth, State and Territory governments, agencies, bodies and office holders on matters relating to modern slavery; (k) to advocate to the Commonwealth Government on matters relating to modern slavery, including for continuous improvement in policy and practice; (2) To avoid doubt, the Commissioner may not investigate, or resolve complaints concerning, individual instances or suspected instances of modern slavery. 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). 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. (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. (2) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner. 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. The Commissioner may, on behalf of the Commonwealth, engage consultants to advise in relation to the performance of the Commissioner’s functions. 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. > 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. (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). 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. (1) The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years. (a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or (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. (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. (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. The Commissioner must not engage in paid work outside the duties of the Commissioner’s office without the approval of the Minister. (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. (b) if the Commissioner is unable to perform the duties of the Commissioner’s office because of physical or mental incapacity. (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 (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. 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. (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. (2) The request may specify a period within which the information is to be given. The period specified must be reasonable. (b) a person who performs the functions of, or performs functions within, a Commonwealth entity (within the meaning of that Act). (1) This section applies to information obtained by any of the following persons in the person’s capacity as such a person: (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. (b) state the Commissioner’s priorities and principal objectives for the period in relation to the performance of the Commissioner’s functions; and (c) include, as one such principal objective, the Commissioner making guidance material publicly available to support victims of modern slavery. (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). (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. (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 (c) a description of any milestones in relation to the Commissioner’s activities that were reached during the financial year; and (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. (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information; to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister. (b) if the annual report contains sensitive information—the corresponding version of the report which does not contain that information; to be published on the Commissioner’s website as soon as practicable after the report is tabled in the House of Representatives. (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: (2) In performing functions or exercising powers under the delegation, the delegate must comply with any written directions of the Commissioner. (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. (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): (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. (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 (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.