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Modern Slavery Bill 2018

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2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Modern Slavery Bill 2018

 

 

(1)     Clause 4, page 4 (line 15), after “ Criminal Code ”, insert “, other than an offence against section 270.7B of the Criminal Code (forced marriage offences)”.

[definition of modern slavery]

(2)     Clause 4, page 4 (line 17), after “Divisions”, insert “(other than an offence against section 270.7B)”.

[definition of modern slavery]

(3)     Clause 11, page 10 (lines 3 to 13), omit the clause, substitute:

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.

There are civil penalties for reporting entities that fail to comply with these requirements.

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

The Minister must report annually to the Parliament about compliance by reporting entities with this Act.

[consequential—compliance with reporting requirements]

(4)     Page 13 (after line 27), at the end of Part 2, add:

16A  Civil penalty for failure to give or prepare modern slavery statement

Compliance within the first 2 years of this Act

             (1)  An entity is liable to a civil penalty if:

                     (a)  a modern slavery statement that covers the entity, for a reporting period, is required to be given or prepared within the 2 year period starting on the day this section commences; and

                     (b)  a modern slavery statement that covers the entity for that reporting period is not given or prepared under any of sections 13 to 15 (whether or not the entity giving or preparing the statement complies with the requirements of subsection 13(2), 14(2) or 15(2)).

Civil penalty:          1,000 penalty unit s.

Compliance from 2 years onwards

             (2)  An entity is liable to a civil penalty if:

                     (a)  a modern slavery statement that covers the entity, for a reporting period, is required to be given or prepared after the end of the 2 year period starting on the day this section commences; and

                     (b)  a modern slavery statement that covers the entity for that reporting period is not given or prepared in accordance with any of sections 13 to 15.

Civil penalty:          1,000 penalty units.

             (3)  Subsection 93(2) of the Regulatory Powers (Standard Provisions) Act 2014 does not apply in relation to a contravention of subsection (2) of this section.

16B  Annual report by Minister on compliance with Act

             (1)  As soon as practicable after the end of each financial year, the Minister must cause to be prepared a report on compliance by reporting entities with their obligations under this Act during the financial year.

             (2)  Without limiting subsection (1), the report must include:

                     (a)  a list of each entity that is a reporting entity at any time during the financial year; and

                     (b)  a list of each entity that has failed, at any time during the financial year, to comply with a requirement to give a modern slavery statement.

             (3)  The Minister must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is prepared.

[compliance with reporting requirements]

(5)     Clause 21, page 16 (lines 3 to 9), omit the clause, substitute:

21  Simplified outline of this Part

This Part deals with the following miscellaneous matters:

       (a)     things done by an unincorporated entity;

      (b)     civil penalties;

       (c)     the Minister’s capacity to delegate powers and functions under this Act;

      (d)     review of this Act;

       (e)     the power to make rules.

[consequential—compliance with reporting requirements]

(6)     Page 16 (after line 14), after clause 22, insert:

22A   Civil penalty provisions

Enforceable civil penalty provisions

             (1)  Subsections 16A(1) and (2) of this Act are each enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 .

Note:          Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.

Authorised applicant

             (2)  For the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , the Secretary of the Department is an authorised applicant in relation to subsection 16A(1) or (2) of this Act.

Relevant court

             (3)  For the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , each of the following courts is a relevant court in relation to subsection 16A(1) or (2) of this Act:

                     (a)  the Federal Court of Australia;

                     (b)  the Federal Circuit Court of Australia;

                     (c)  a court of a State or Territory that has jurisdiction in relation to the matter.

Extension to external Territories etc.

             (4)  Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as it applies in relation to subsection 16A(1) or (2) of this Act, extends to :

                     (a)  every external Territory; and

                     (b)  acts, omissions, matters and things outside Australia.

Liability of Crown

             (5)  Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as it applies in relation to subsection 16A(1) or (2) of this Act, does not make the Crown liable to a pecuniary penalty.

[consequential—compliance with reporting requirements]