Modern Slavery Act 2018
No. 153, 2018
Compilation No. 2
Compilation date: 7 November 2024
Includes amendments: Act No. 42, 2024
About this compilation
This compilation
This is a compilation of the Modern Slavery Act 2018 that shows the text of the law as amended and in force on 7 November 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Simplified outline of this Act
4 Definitions
5 Meaning of reporting entity
6 Voluntary modern slavery statements
7 Constitutional basis
8 Act binds the Crown
9 Extension to external Territories
10 Extra‑territorial application
Part 2—Modern slavery statements
11 Simplified outline of this Part
12 Meaning of modern slavery statement
13 Modern slavery statements for single reporting entities
14 Joint modern slavery statements
15 Commonwealth modern slavery statements
16 Mandatory criteria for modern slavery statements
16A Explanations for failure to comply etc.
Part 3—Access to modern slavery statements
17 Simplified outline of this Part
18 Modern Slavery Statements Register
19 Registration of modern slavery statements
20 Registration of revised modern slavery statements
Part 3A—Australian Anti‑Slavery Commissioner
Division 1—Preliminary
20A Simplified outline of this Part
Division 2—Establishment, functions and powers of Australian Anti‑Slavery Commissioner
20B Australian Anti‑Slavery Commissioner
20C Functions of Commissioner
20D Commissioner must have regard to international obligations
20E Application of finance law
20F Arrangements relating to staff of the Department
20G Contractors
20H Consultants
20J Independence of Commissioner
20K Commissioner not to be sued
Division 3—Appointment
20L Appointment of Commissioner
20M Obligation to fill vacancy as soon as practicable
20N Period of appointment
20P Acting appointments
Division
Overview
The Modern Slavery Act 2018 was enacted to address the problem of modern slavery, defined as conduct that constitutes various offences under the Criminal Code and international agreements, including trafficking in persons and the worst forms of child labour. The Act was introduced by the Parliament of Australia to ensure that certain entities report on the risks of modern slavery in their operations and supply chains, and on actions taken to address these risks. This legislative measure aims to promote transparency and accountability, and to support efforts to eradicate modern slavery practices. The Act mandates reporting by entities with an annual consolidated revenue of more than $100 million and those that voluntarily comply, and it establishes the role of the Australian Anti-Slavery Commissioner, who is tasked with promoting compliance, supporting victims, and advocating for improvements in policy and practice related to modern slavery.
Scope and Application
The Modern Slavery Act 2018 applies to entities and corporations that have an annual consolidated revenue of at least $100 million and are either Australian entities or carry on business in Australia. Additionally, the Commonwealth, corporate Commonwealth entities, and Commonwealth companies with an annual consolidated revenue of at least $100 million are also subject to the Act's requirements. The Act mandates that these entities report annually on the risks of modern slavery in their operations and supply chains, and the actions taken to address these risks. The Act also extends its application to acts, omissions, matters, and things outside Australia, as well as to external territories. The Act establishes the Australian Anti-Slavery Commissioner, who is tasked with promoting compliance, supporting entities in addressing modern slavery risks, and advocating for improvements in policy and practice. The Commissioner’s functions include consulting and liaising with various stakeholders, supporting victims of modern slavery, and advocating to the Commonwealth Government. The Act also provides for the registration of modern slavery statements in a public repository, known as the Modern Slavery Statements Register, which is accessible to the public free of charge.
Key Provisions
- The Modern Slavery Act 2018 (Cth) mandates that entities with an annual consolidated revenue exceeding $100 million, operating in Australia, must annually report on the risks of modern slavery in their operations and supply chains, along with the actions taken to mitigate these risks (sections 11 and 13). Additionally, entities can voluntarily comply with the Act's requirements for periods beyond those mandated (section 6). The Act also requires the Commonwealth to report on behalf of non-corporate Commonwealth entities and mandates that corporate Commonwealth entities and companies with revenues over $100 million comply with the reporting requirements (sections 15 and 5). These modern slavery statements must detail the entity's structure, operations, supply chains, and the identified risks and actions taken to address them (section 16). The statements must be approved by the entity's principal governing body, signed by a responsible member, and submitted to the Minister within six months after the end of the reporting period (sections 13 and 14).
- The Act imposes obligations on entities to ensure their statements are accurate, approved, and submitted within the specified timeframe. Failure to comply with these requirements can result in requests from the Minister for explanations or remedial actions, with non-compliance potentially leading to public disclosure of the failure (section 16A). The Minister maintains the Modern Slavery Statements Register, which is accessible to the public online (section 18). The Act also establishes the Australian Anti-Slavery Commissioner, whose functions include promoting compliance, supporting entities in addressing modern slavery risks, and advocating for policy improvements (sections 20C and 20D).
- Breaches of the Act may lead to civil or criminal consequences. The Minister can request explanations or remedial actions from entities that fail to comply with reporting requirements, and failure to respond can result in the Minister publishing information about the non-compliance on the Modern Slavery Statements Register (section 16A). The Commissioner, however, is not permitted to investigate individual instances of modern slavery (section 20C(2)). The Act does not explicitly state maximum penalties for breaches but implies that such actions fall under the purview of the Minister and the Commissioner.
- Area of Law
- Human Rights Law
- International Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Licensing & Registration
- Reporting & Disclosure Obligations
- Consultation Requirements
- Regulatory Standards
