Australian Modern Slavery Act 2018 (Act No. 153 of 2018).
Country
Type of law
Legislation
Abstract
This Act requires entities based, or operating, in Australia, which have an annual consolidated revenue of more than $100 million, to report annually through a so called “modern slavery statement” 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 also 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. This Act extends to every external Territory and extends to acts, omissions, matters and things outside Australia.
“Modern slavery statements” must include certain mandatory criteria listed under Section 16, these are: (a) identify the reporting entity; (b) describe the structure, operations and supply chains of the reporting entity; and (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; (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; (e) describe how the reporting entity assesses the effectiveness of such actions; (f) describe the process of consultation with any entities that the reporting entity owns or controls and entity giving the statement; (g) include any other information that the reporting entity, or the entity giving the statement, considers relevant. The Act distinguishes among modern slavery statements single reporting entities (section 13), joint modern slavery statements (section 14) and Commonwealth modern slavery statements (section 15).
If the entity fails 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 provide an explanation or undertake specified remedial action. If the entity fails to comply within the prescribed time in providing an explanation or undertaking remedial actions the Minister may on the register (a) the identity of the entity; (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; (c) the date the request was given, and details of any extension given under subsection (2); (d) details of the explanation or remedial action requested, and the period or periods specified in the request; (e) the reasons why the Minister is satisfied that the entity has failed to comply with the request.
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.
“Modern slavery statements” must include certain mandatory criteria listed under Section 16, these are: (a) identify the reporting entity; (b) describe the structure, operations and supply chains of the reporting entity; and (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; (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; (e) describe how the reporting entity assesses the effectiveness of such actions; (f) describe the process of consultation with any entities that the reporting entity owns or controls and entity giving the statement; (g) include any other information that the reporting entity, or the entity giving the statement, considers relevant. The Act distinguishes among modern slavery statements single reporting entities (section 13), joint modern slavery statements (section 14) and Commonwealth modern slavery statements (section 15).
If the entity fails 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 provide an explanation or undertake specified remedial action. If the entity fails to comply within the prescribed time in providing an explanation or undertaking remedial actions the Minister may on the register (a) the identity of the entity; (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; (c) the date the request was given, and details of any extension given under subsection (2); (d) details of the explanation or remedial action requested, and the period or periods specified in the request; (e) the reasons why the Minister is satisfied that the entity has failed to comply with the request.
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.
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Attached files
Long title of text
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, and for related purposes.
Date of text
Notes
The operation of this Act and any rules must be reviewed over the period of 3 years by the Minister.
Repealed
No
Source language
English
Legislation Amendment
No