In 2019, the Modern Slavery Act 2018 (Cth) ‘MSA’ commenced.

The MSA requires businesses to report annually about the steps they have taken to address modern slavery risks in their supply chains and operations. It applies to Australian businesses (or those who trade in Australia) that have a turnover of more than $100 million. A business may be a sole trader or a company incorporated under the provisions of the Corporations Act 2001 (Cth).

The definition of modern slavery in the MSA refers to slavery offences under Division 270 and 271 of the Criminal Code Act 1995 (Cth) including when those offences take place in Australia.

The Criminal Code Act 1995 (Cth) defines slavery as the exercise of the rights of ownership over a person, including where that arises out of a debt or contract. The MSA includes human trafficking and child labour in the definition.

Many organisations define modern slavery as the severe exploitation of other people for personal or commercial gain.

Section 16 of the MSA sets out the mandatory criteria for inclusion in the Modern Slavery Statement. It must include the following information about the reporting entity:

The statement may also include any other relevant information.

Section 16A states that a reporting entity that fails to lodge a statement, the responsible Minister may ask for an explanation.

If remedial action is not taken at the request of the Minister, the entity’s failure may be published on the register.

The Modern Slavery Register [link opens in a new window] is a publicly available and searchable database and publishes the full text of a reporting entity’s statement.