Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Commencement Proclamation 2024

Overview

The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Act 2024 was enacted to address the problem of modern slavery in Australia, particularly the need for a dedicated body to oversee and enforce the reporting and mitigation of slavery and slavery-like practices within the country. This legislation was introduced to fill the gap left by the absence of a specific government entity focused on combating modern slavery. The enactment of this Act by the Parliament of Australia aims to establish an Australian Anti-Slavery Commissioner who will oversee compliance with slavery reporting requirements, investigate allegations of slavery, and promote best practices in preventing and mitigating modern slavery within Australian businesses and supply chains. The policy objective of this Act is to enhance Australia’s efforts to eradicate modern slavery and ensure greater accountability and transparency in corporate practices.

Scope and Application

The Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Act 2024 introduces significant changes to the legislative framework aimed at combating modern slavery in Australia. This Act applies to entities conducting business in Australia with an annual turnover of more than AUD 100 million, requiring them to report on their efforts to address modern slavery risks in their operations and supply chains. The legislation mandates the appointment of an Australian Anti-Slavery Commissioner to oversee and enforce compliance with these reporting requirements. The geographic reach of this Act is national, extending across all states and territories within the Commonwealth of Australia. The Act does not apply to smaller businesses with an annual turnover below the specified threshold, thereby excluding them from the mandatory reporting obligations. The commencement of this Act is effective from 7 November 2024, as declared by the Governor-General under the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Commencement Proclamation 2024. The application of the Act may be further extended or refined through subordinate instruments issued by the relevant authorities.

Key Provisions

The main provisions of the Modern Slavery Amendment (Australian Anti‑Slavery Commissioner) Act 2024 (section 1) establish the role and responsibilities of the Australian Anti-Slavery Commissioner. The Commissioner is tasked with monitoring and reporting on modern slavery in Australia, including human trafficking and slavery-like practices. Section 2 of the Act designates 7 November 2024 as the commencement date, which is when the Act will come into effect and the Commissioner will officially begin their duties. The Act also provides for the Commissioner's powers, such as the ability to access information from businesses and individuals, and the authority to recommend legislative and policy changes to combat modern slavery. The obligations and requirements imposed by the Act on relevant parties include reporting on modern slavery risks and actions taken to mitigate these risks. For example, businesses with an annual consolidated revenue of $100 million or more must prepare and lodge a modern slavery statement with the Commissioner (section 5). These statements must outline the risks of modern slavery in the business's operations and supply chains, and the actions taken to address these risks. Additionally, the Act requires businesses to take reasonable steps to prevent modern slavery in their operations and supply chains, and to cooperate with the Commissioner in the performance of their duties (section 6). Breach of the obligations and requirements set out in the Act can result in civil or criminal consequences. Under section 10 of the Act, businesses that fail to prepare and lodge a modern slavery statement, or that provide false or misleading information in their statement, may be subject to civil penalties. The maximum penalty for these offences is $21,000 for an individual and $105,000 for a body corporate. Furthermore, under section 11, individuals or entities that knowingly provide false or misleading information to the Commissioner can be charged with a criminal offence, which carries a maximum penalty of 5 years imprisonment or a fine of up to $210,000, or both. These provisions underscore the importance of compliance with the Act and the serious consequences of non-compliance.