Title Part 4—Miscellaneous
Database Bills & Legislation
Long Title a Bill for an Act to require some entities to report on the risks of modern slavery in their operations and supply chains and actions to address those risks, and for related purposes
Date 29-11-2018 04:25 PM
Source House of Reps
Parl No. 45
Bill Number 134/18
Bill Type Government
Portfolio Home Affairs
Reps Bill Code O
Status Act
System Id legislation/bills/r6148_aspassed/0004


Part 4—Miscellaneous

Part 4—Miscellaneous

  

21  Simplified outline of this Part

This Part deals with the following miscellaneous matters:

       (a)     things done by an unincorporated entity;

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

     (ba)     annual reports about the implementation of this Act;

       (c)     the 3‑year review of this Act;

      (d)     the power to make rules.

22  Unincorporated entities

             (1)  This section applies if this Act requires or allows a thing to be done by an entity that is an unincorporated body.

             (2)  The thing must, or may, be done by a responsible member of the entity on the entity’s behalf.

23  Delegation

             (1)  The Minister may, by writing, delegate all or any of the Minister’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.

Note:          The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.

             (2)  In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

             (3)  Subsection (1) does not apply to a power to make, vary or revoke the rules.

23A  Annual reports about implementation

             (1)  The Minister must cause a report to be prepared for each calendar year (including the year in which this section commences) about the implementation of this Act during the year, including the following (without limitation):

                     (a)  an overview of compliance by entities with this Act during the year;

                     (b)  the identification of best practice modern slavery reporting under this Act during the year.

             (2)  The report must be:

                     (a)  started as soon as practicable after the end of the calendar year for which it is prepared; and

                     (b)  completed before the end of the calendar year in which it is started.

             (3)  The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.

24  Three‑year review

             (1)  The Minister must cause a report to be prepared reviewing:

                     (a)  the operation of this Act and any rules over the period of 3 years after this section commences; and

                    (aa)  compliance with this Act and any rules over that period; and

                   (ab)  whether additional measures to improve compliance with this Act and any rules are necessary or desirable, such as civil penalties for failure to comply with the requirements of this Act; and

                    (ac)  whether a further review of this Act and any rules should be undertaken, and if so, when; and

                   (ad)  whether it is necessary or desirable to do anything else to improve the operation of this Act and any rules; and

                     (b)  whether this Act or any rules should be amended to implement review recommendations.

             (2)  The review must be:

                     (a)  started as soon as practicable after the end of the period of 3 years after this section commences; and

                     (b)  completed within 12 months after it starts.

             (3)  The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.

25  Rules

             (1)  The Minister may, by legislative instrument, make rules prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the rules; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.

(134/18)