Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
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 4--Terms and conditions etc.
20Q Remuneration and allowances
20R Leave of absence
20S Other paid work
20T Resignation
20U Termination of appointment
20V Other terms and conditions
Division 5--Other matters
20W Commissioner may request information from Commonwealth agencies
20WA Disclosure of information by Commissioner
20X Strategic plan
20Y Annual report by Commissioner
Part 4--Miscellaneous
21 Simplified outline of this Part
22 Unincorporated entities
22A Delegation by Commissioner
23 Delegation by Minister
23A Annual reports about implementation
24 Three-year review
25 Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
153, 2018 | 10 Dec 2018 | s 3-25: 1 Jan 2019 (s 2(1) item 2) |
| |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 6 (item 13): 14 Oct 2024 (s 2(1) item 2) | -- |
Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Act 2024 | 42, 2024 | 11 June 2024 | 7 Nov 2024 (s 2(1) item 1) | Sch 1 (item 8) |
Provision affected | How affected |
Title.................... | am No 42, 2024 |
Part 1 |
|
s 3..................... | am No 42, 2024 |
s 4..................... | am No 42, 2024 |
Part 2 |
|
s 16A................... | am No 38, 2024 |
Part 3A |
|
Part 3A.................. | ad No 42, 2024 |
Division 1 |
|
s 20A................... | ad No 42, 2024 |
Division 2 |
|
s 20B................... | ad No 42, 2024 |
s 20C................... | ad No 42, 2024 |
s 20D................... | ad No 42, 2024 |
s 20E................... | ad No 42, 2024 |
s 20F................... | ad No 42, 2024 |
s 20G................... | ad No 42, 2024 |
s 20H................... | ad No 42, 2024 |
s 20J.................... | ad No 42, 2024 |
s 20K................... | ad No 42, 2024 |
Division 3 |
|
s 20L................... | ad No 42, 2024 |
s 20M................... | ad No 42, 2024 |
s 20N................... | ad No 42, 2024 |
s 20P................... | ad No 42, 2024 |
Division 4 |
|
s 20Q................... | ad No 42, 2024 |
s 20R................... | ad No 42, 2024 |
s 20S................... | ad No 42, 2024 |
s 20T................... | ad No 42, 2024 |
s 20U................... | ad No 42, 2024 |
s 20V................... | ad No 42, 2024 |
Division 5 |
|
s 20W................... | ad No 42, 2024 |
s 20WA.................. | ad No 42, 2024 |
s 20X................... | ad No 42, 2024 |
s 20Y................... | ad No 42, 2024 |
Part 4 |
|
s 21.................... | am No 42, 2024 |
s 22A................... | ad No 42, 2024 |
s 23.................... | am No 42, 2024 |