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Part 2—Modern slavery statements

Part 2 Modern slavery statements

   

11   Simplified outline of this Part

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 statements must also include information about actions taken to address those risks.

Joint modern slavery statements may be given on behalf of one or more reporting entities.

The Minister must prepare an annual modern slavery statement on behalf of all non-corporate Commonwealth 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.

12   Meaning of modern slavery statement

                   A modern slavery statement is a statement prepared for the purposes of any of the following:

                     (a)  section 13 (modern slavery statements for single reporting entities);

                     (b)  section 14 (joint modern slavery statements);

                     (c)  section 15 (Commonwealth modern slavery statements).

13   Modern slavery statements for single reporting entities

             (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).

             (2)  The reporting entity must ensure that the statement:

                     (a)  complies with section 16; and

                     (b)  is prepared in a form approved by the Minister; and

                     (c)  is approved by the principal governing body of the entity; and

                     (d)  is signed by a responsible member of the entity; and

                     (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.

Note:          The statement may be signed electronically: see section 10 of the Electronic Transactions Act 1999 .

14   Joint modern slavery statements

             (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.

             (2)  The entity giving the statement must ensure that it:

                     (a)  complies with section 16; and

                     (b)  is prepared in a form approved by the Minister; and

                     (c)  is prepared in consultation with each reporting entity covered by the statement; and

                     (d)  is approved by the principal governing body of:

                              (i)  each reporting entity covered by the statement; or

                             (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

                     (e)  is signed by a responsible member of:

                              (i)  if subparagraph (d)(i) applies—each reporting entity covered by the statement; or

                             (ii)  if subparagraph (d)(ii) applies—the higher entity; or

                            (iii)  if subparagraph (d)(iii) applies—each reporting entity to which the subparagraph applies; and

                      (f)  is given to the Minister:

                              (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

                             (ii)  within a period prescribed by rules made for the purposes of this subparagraph.

Note 1:       The statement may be signed electronically: see section 10 of the Electronic Transactions Act 1999 .

Note 2:       If subparagraph (d)(iii) applies, the statement must include an explanation: see subsection 16(2).

15   Commonwealth modern slavery statements

             (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 .

             (2)  The Minister must ensure that the statement:

                     (a)  complies with section 16; and

                     (b)  is prepared within 6 months after the end of the reporting period.

16   Mandatory criteria for modern slavery statements

             (1)  A modern slavery statement must, in relation to each reporting entity covered by the statement:

                     (a)  identify the reporting entity; and

                     (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; 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

                     (e)  describe how the reporting entity assesses the effectiveness of such actions; and

                      (f)  describe the process of consultation with:

                              (i)  any entities that the reporting entity owns or controls; and

                             (ii)  in the case of a reporting entity covered by a statement under section 14—the entity giving the statement; and

                     (g)  include any other information that the reporting entity, or the entity giving the statement, considers relevant.

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

                     (b)  for a statement to be given under section 14 (joint modern slavery statements):

                              (i)  details of approval by the relevant principal governing body or bodies; and

                             (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).

16A   Explanations for failure to comply etc.

Request for explanation or remedial action

             (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.

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).

             (3)  A request under subsection (1) must include a statement of the effect of subsections (2) and (4) to (6).

Publication of information about failure to comply with request

             (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:

                     (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.

             (5)  An entity fails to comply with a request if, and only if:

                     (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)).

Review of decisions

             (6)  Applications may be made to the Administrative Appeals 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).