Purpose:

The purpose of this legislation is to mandate annual reporting by certain entities operating in Australia on modern slavery risks within their operations and supply chains, detailing actions taken to address these risks, and to establish the Australian Anti-Slavery Commissioner to address modern slavery.

Objectives:

• To require entities based or operating in Australia with an annual consolidated revenue over $100 million to report annually on modern slavery risks in their operations and supply chains and actions to address those risks.
• To require the Commonwealth to report on behalf of non-corporate Commonwealth entities and apply reporting requirements to Commonwealth corporate entities and companies exceeding the revenue threshold.
• To maintain a public register of modern slavery statements accessible free of charge on the internet.
• To establish the Australian Anti-Slavery Commissioner and define the Commissioner’s functions and administrative matters.
• To promote compliance with this Act.
• To support Australian entities and entities carrying on business in Australia in addressing modern slavery risks in their operations and supply chains, and those of entities they own or control.
• To support collaboration and engagement within and across sectors related to modern slavery.
• To support victims of modern slavery by providing information, guidance material, and engaging with them to inform remedial measures.
• To support, encourage, conduct, and evaluate education, community awareness, and research initiatives on modern slavery.
• To collect, analyse, interpret, and disseminate information concerning modern slavery.
• To consult and liaise with government bodies, other persons, and organisations on modern slavery matters.
• To advocate to the Commonwealth Government for continuous improvement in policy and practice regarding modern slavery.
• To provide advice to the Minister on modern slavery matters upon request.

Key Provisions:

• Mandatory annual modern slavery statements are required from entities with an annual consolidated revenue of $100 million or more that are Australian entities or carry on business in Australia, including certain Commonwealth entities.
• Voluntary modern slavery statements can be submitted by other Australian entities or entities carrying on business in Australia.
• Modern slavery statements must adhere to mandatory criteria, including identifying the entity, describing its structure, operations, and supply chains, outlining modern slavery risks and actions to address them, assessing effectiveness, and detailing consultation processes.
• Statements must be approved by the entity’s principal governing body and signed by a responsible member.
• The Minister may request an explanation or remedial action from entities failing to comply with reporting requirements and may publish information about non-compliance.
• The Modern Slavery Statements Register is established to provide public access to registered modern slavery statements.
• The Australian Anti-Slavery Commissioner is established with functions focused on promoting compliance, supporting entities in addressing modern slavery, aiding victims, conducting research and awareness, and advocating for policy improvement.
• Annual reports on the implementation of the Act and a three-year review of its operation and compliance are mandated.

Evidence of Compliance Requirements For Agricultural Organisations:

• Identification as a Reporting Entity:
  • Agricultural organisations must determine if they meet the definition of a “reporting entity.” This includes:
    • Being an Australian entity (company, trust, partnership, or other incorporated/unincorporated entity formed or incorporated within Australia, or with central management/control in Australia) at any time in the reporting period; OR
    • Carrying on business in Australia at any time in the reporting period (as defined in section 5(2)).
    • Having a consolidated revenue of at least $100 million for the reporting period (a financial year or another annual accounting period).
  • Agricultural organisations not meeting the revenue threshold may voluntarily comply by giving written notice to the Minister before the end of the reporting period(s) in an approved manner and form. This notice can be revoked by written notice to the Minister before the start of the relevant reporting period(s).
• Submission of Modern Slavery Statement:
  • A reporting entity must give the Minister a modern slavery statement for each reporting period, unless a joint or Commonwealth statement covers the entity for that period.
  • Timeframes:
    • Statements for single reporting entities must be given to the Minister within 6 months after the end of the reporting period.
    • Joint statements must be given to the Minister within 6 months after the end of the reporting period for the entities covered, or within a period prescribed by rules.
• Content Requirements for Modern Slavery Statements:
  • Identification: Identify the reporting entity covered by the statement.
  • Description of Operations: Describe the structure, operations, and supply chains of the reporting entity.
  • Risk Assessment: Describe the risks of modern slavery practices in the operations and supply chains of the reporting entity and any entities it owns or controls.
  • Actions Taken: Describe the actions taken by the reporting entity and any entities it owns or controls to assess and address those risks, including due diligence and remediation processes. This may include developing policies and processes or providing staff training.
  • Effectiveness Assessment: Describe how the reporting entity assesses the effectiveness of such actions.
  • Consultation Process: Describe the process of consultation with any entities that the reporting entity owns or controls. For joint statements, also describe consultation with the entity giving the statement.
  • Other Information: Include any other information the reporting entity considers relevant.
• Approval and Signature Requirements:
  • Single Reporting Entities (Section 13):
    • The statement must be prepared in a form approved by the Minister.
    • The statement must be approved by the principal governing body of the entity.
    • The statement must be signed by a responsible member of the entity. Electronic signatures are permitted.
    • The statement must be given to the Minister in a manner approved by the Minister.
  • Joint Reporting Entities (Section 14):
    • The statement must be prepared in a form approved by the Minister.
    • The statement must be prepared in consultation with each reporting entity covered by the statement.
    • The statement must be approved by the principal governing body of: each reporting entity covered; OR a higher entity that influences/controls each covered entity; OR at least one reporting entity covered (if the prior two are impracticable).
    • The statement must be signed by a responsible member of the entity(ies) whose principal governing body approved the statement. Electronic signatures are permitted.
    • If approval is from only at least one reporting entity due to impracticability (subparagraph 14(2)(d)(iii)), the statement must include an explanation of why it was not practicable to comply with the other approval requirements.
• Revised Statements:
  • An entity (other than the Commonwealth) may request the Minister to register a revised version of a registered modern slavery statement.
  • The revised statement must indicate the date of the revision and include a description of the changes made to the previous registered version.
  • The revised statement must comply with the approval and signature requirements (paragraphs 13(2)(a) to (d) for single entities, or 14(2)(a) to (e) for joint statements).
• Minister’s Enforcement Actions:
  • Requests for Explanation/Remedial Action: If the Minister reasonably believes an entity has failed to comply with reporting requirements (sections 13 or 14), they may issue a written request to:
    • Provide an explanation for the failure within a specified period of 28 days or longer.
    • Undertake specified remedial action within a specified period of 28 days or longer (e.g., submitting a overdue statement).
  • Extensions: The Minister may extend the specified period for response.
  • Public Disclosure of Non-Compliance: If an entity fails to comply with the Minister’s request (by not providing an explanation or undertaking remedial action within the specified period), the Minister may publish the following information on the Modern Slavery Statements Register or elsewhere:
    • The identity of the entity.
    • If a joint statement, the identities of all covered reporting entities.
    • The date of the request and details of any extensions.
    • Details of the explanation or remedial action requested and the specified period(s).
    • The Minister’s reasons for concluding non-compliance with the request.

Metadata Keywords:

Modern slavery, supply chain, human rights, reporting, Australia, Anti-Slavery Commissioner, corporate governance, due diligence, forced labour, child labour

Publication Information:

Compilation date: 7 November 2024 Act No. 153, 2018 Compilation No. 2

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.gov.au/C2018A00153/2024-11-07/2024-11-07/text/original/pdf →