Modern Slavery Act 2018 (Cth)
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// Codebase: Modern Slavery Act 2018 (Cth)
// Author/Contributor: Andrew Mowbray
// Last updated: 23 August 2020
PERSONTHING the entity
DATE the day the Act received Royal Assent
DATE the day the Act was proclaimed
RULE Modern Slavery Act 2018 (Cth) Section 1 PROVIDES
the short title of this Act is the Modern Slavery Act 2018
RULE Modern Slavery Act 2018 (Cth) Section 2 PROVIDES
the date of commencement of section 1 and section 2 IS
the day the Act received Royal Assent
ASSERT the date of commencement for sections other than section 1
and section 2 IS the day the Act was proclaimed
RULE Modern Slavery Act 2018 (Cth) Section 3 PROVIDES
this Act requires entities based, or operating, in Australia, with
an annual consolidated revenue of more than $100 million, to
report annually on the risks of modern slavery in their operations and
supply chains, and actions to address those risks AND
other entities based, or operating, in Australia may report voluntarily AND
the Commonwealth is required to report on behalf of non-corporate
Commonwealth entities AND
the reporting requirements also apply to Commonwealth corporate entities
and companies with an annual consolidated revenue of more
than $100 million AND
reports are kept by the Minister in a public repository known as the
Modern Slavery Statements Register AND
statements on the register may be accessed by the public, free of charge,
on the internet
RULE Modern Slavery Act 2018 (Cth) Section 4 "accounting standards" PROVIDES
"accounting standards" has the same meaning as in the Corporations Act 2001
RULE Modern Slavery Act 2018 (Cth) Section 4 "Australia" PROVIDES
"Australia", when used in a geographical sense, does include the
external Territories
RULE Modern Slavery Act 2018 (Cth) Section 4 "Australian entity" PROVIDES
the entity was an Australian entity during the reporting period ONLY IF
subsection (a) of the definition of "Australian entity" applies OR
subsection (b) of the definition of "Australian entity" applies OR
subsection (c) of the definition of "Australian entity" applies OR
subsection (d) of the definition of "Australian entity" applies
RULE Modern Slavery Act 2018 (Cth) Section 4 "Australian entity" (a) PROVIDES
subsection (a) of the definition of "Australian entity" applies ONLY IF
the entity was a company which was a resident within the meaning of
subsection 6(1) of the Income Tax Assessment Act 1936 during
the reporting period
RULE Modern Slavery Act 2018 (Cth) Section 4 "Australian entity" (b) PROVIDES
subsection (b) of the definition of "Australian entity" applies ONLY IF
the entity was a trust where the trust estate was a resident trust
estate within the meaning of Division 6 of Part III of the
Income Tax Assessment Act 1936 during the reporting period
RULE Modern Slavery Act 2018 (Cth) Section 4 "Australian entity" (c) PROVIDES
subsection (c) of the definition of "Australian entity" applies ONLY IF
the entity was a corporate limited partnership which was a resident
within the meaning of section 94T of the Income Tax
Assessment Act 1936 during the reporting period
RULE Modern Slavery Act 2018 (Cth) Section 4 "Australian entity" (d) PROVIDES
subsection (d) of the definition of "Australian entity" applies ONLY IF
subsection (d)(i) of the definition of "Australian entity" applies OR
subsection (d)(ii) of the definition of "Australian entity" applies
RULE Modern Slavery Act 2018 (Cth) Section 4 "Australian entity" (d)(i) PROVIDES
subsection (d)(i) of the definition of "Australian entity" applies ONLY IF
the entity was formed or incorporated in Australia
RULE Modern Slavery Act 2018 (Cth) Section 4 "Australian entity" (d)(ii)
PROVIDES
subsection (d)(ii) of the definition of "Australian entity" applies ONLY IF
the central management or control of the entity was in Australia
RULE Modern Slavery Act 2018 (Cth) Section 4 "carries on business in Australia"
PROVIDES
the entity carries on business in Australia under the
section 4 definition ONLY IF section 5(2) is satisfied
RULE Modern Slavery Act 2018 (Cth) Section 4 "consolidated revenue"
PROVIDES
IF the entity does not control another entity or entities within the
meaning of the accounting standards THEN
the "consolidated revenue" of the entity as defined in section 4 IS
"the total revenue of the entity for the reporting period"
ELSE
the "consolidated revenue" of the entity as defined in section 4 IS
"the total revenue of the entity and all of the controlled entities,
considered as a group, for the reporting period of the controlling entity"
RULE Modern Slavery Act 2018 (Cth) Section 4 "control" PROVIDES
"control", of an entity by another entity, means control of the
entity within the meaning of the accounting standards
RULE Modern Slavery Act 2018 (Cth) Section 4 "entity" PROVIDES
the entity is an "entity" under section 4 ONLY IF
the entity satisfies the definition of "entity" contained in section
960-100 of the Income Tax Assessment Act 1997
RULE Modern Slavery Act 2018 (Cth) Section 4 "modern slavery" PROVIDES
the conduct is modern slavery ONLY IF
subsection (a) of the section 4 definition of "modern slavery" applies OR
subsection (b) of the section 4 definition of "modern slavery" applies OR
subsection (c) of the section 4 definition of "modern slavery" applies OR
subsection (d) of the section 4 definition of "modern slavery" applies
RULE Modern Slavery Act 2018 (Cth) Section 4 "modern slavery" (a) PROVIDES
subsection (a) of the section 4 definition of "modern slavery" applies ONLY IF
the conduct would constitute an offence under Division 270 or 271 of the
Criminal Code
RULE Modern Slavery Act 2018 (Cth) Section 4 "modern slavery" (b) PROVIDES
subsection (b) of the section 4 definition of "modern slavery" applies ONLY IF
the conduct would constitute an offence under Division 270 or 271
of the Criminal Code if the conduct took place in Australia
RULE Modern Slavery Act 2018 (Cth) Section 4 "modern slavery" (c) PROVIDES
subsection (c) of the section 4 definition of "modern slavery" applies ONLY IF
the conduct would constitute trafficking in persons, as defined in
Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking
in Persons, Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime, done at
New York on 15 November 2000 ([2005] ATS 27)
RULE Modern Slavery Act 2018 (Cth) Section 4 "modern slavery" (d) PROVIDES
subsection (d) of the section 4 definition of "modern slavery" applies ONLY IF
the conduct would constitute the worst forms of child labour, as
defined in Article 3 of the ILO Convention (No. 182) concerning the
Prohibition and Immediate Action for the Elimination of the Worst
Forms of Child Labour, done at Geneva on 17 June 1999 ([2007] ATS 38)
RULE Modern Slavery Act 2018 (Cth) Section 4 "modern slavery statement"
PROVIDES
the statement is a "modern slavery statement" as defined in section 4 ONLY IF
the statement is a "modern slavery statement" as defined in section 12
RULE Modern Slavery Act 2018 (Cth) Section 4 "principal governing body"
PROVIDES
IF the entity is a company THEN
the principal governing body of an entity is the board of directors
ELSE IF the entity is a superannuation fund THEN
the principal governing body of an entity is the board of trustees
ELSE IF the entity is of a kind prescribed by the rules THEN
the principal governing body of an entity is the prescribed body
or member(s)
ELSE
the principal governing body of an entity is the body, or group of
members of the entity, with primary responsibility for the governance
of the entity
RULE Modern Slavery Act 2018 (Cth) Section 4 "register" PROVIDES
"register" means the Modern Slavery Statements Register established
under section 18
RULE Modern Slavery Act 2018 (Cth) Section 4 "reporting entity" PROVIDES
the entity is a "reporting entity" under the section 4 definition ONLY IF
section 5(1) is satisfied
RULE Modern Slavery Act 2018 (Cth) Section 4 "reporting period" PROVIDES
"reporting period", of an entity, means a financial year, or another annual
accounting period applicable to the entity, which starts after the
commencement of this section
RULE Modern Slavery Act 2018 (Cth) Section 4 "responsible member" PROVIDES
IF subsection (a) of the section 4 definition of "responsible member" applies
THEN
the responsible member IS "an individual member of the entity's
principal governing body who is authorised to sign modern slavery
statements for the purposes of this Act"
ELSE IF subsection (b) of the section 4 definition of "responsible member"
applies THEN
the responsible member IS "the trustee"
ELSE IF subsection (c) of the section 4 definition of "responsible member"
applies THEN
the responsible member IS "the individual constituting the corporation"
ELSE IF subsection (d) of the section 4 definition of "responsible member"
applies THEN
the responsible member IS "the administrator"
ELSE IF subsection (e) of the section 4 definition of "responsible member"
applies THEN
the responsible member IS "the prescribed member of the entity"
RULE Modern Slavery Act 2018 (Cth) Section 4 "responsible member" (a)
PROVIDES
subsection (a) of the section 4 definition of "responsible member" applies
ONLY IF
subsection (b) of the section 4 definition of "responsible member" does
not apply AND
subsection (c) of the section 4 definition of "responsible member"
does not apply AND
subsection (d) of the section 4 definition of "responsible member"
does not apply AND
subsection (e) of the section 4 definition of "responsible member"
does not apply
RULE Modern Slavery Act 2018 (Cth) Section 4 "responsible member" (b)
PROVIDES
subsection (b) of the section 4 definition of "responsible member" applies
ONLY IF
the entity is a trust administered by a sole trustee
RULE Modern Slavery Act 2018 (Cth) Section 4 "responsible member" (c)
PROVIDES
subsection (c) of the section 4 definition of "responsible member" applies
ONLY IF
the entity is a corporation sole
RULE Modern Slavery Act 2018 (Cth) Section 4 "responsible member" (d)
PROVIDES
subsection (d) of the section 4 definition of "responsible member" applies
ONLY IF
the entity is under administration within the meaning of the
Corporations Act 2001
RULE Modern Slavery Act 2018 (Cth) Section 4 "responsible member" (e)
PROVIDES
subsection (e) of the section 4 definition of "responsible member" applies
ONLY IF
the entity is of a kind prescribed by the rules
RULE Modern Slavery Act 2018 (Cth) Section 4 "rules" PROVIDES
"rules" means rules made by the Minister under section 25
RULE Modern Slavery Act 2018 (Cth) Section 5 PROVIDES
the entity is a reporting entity ONLY IF
section 5(1) applies
RULE Modern Slavery Act 2018 (Cth) Section 5(1) PROVIDES
section 5(1) applies ONLY IF
section 5(1)(a) applies OR
section 5(1)(b) applies OR
section 5(1)(c) applies OR
section 5(1)(d) applies
RULE Modern Slavery Act 2018 (Cth) Section 5(1)(a) PROVIDES
section 5(1)(a) applies ONLY IF
the entity had a consolidated revenue of at least $100 million
for the reporting period AND
section 5(1)(a)(i) applies AND/OR
section 5(1)(a)(ii) applies
RULE Modern Slavery Act 2018 (Cth) Section 5(1)(a)(i) PROVIDES
section 5(1)(a)(i) applies ONLY IF
the entity was an Australian entity during the reporting period
RULE Modern Slavery Act 2018 (Cth) Section 5(1)(a)(ii) PROVIDES
section 5(1)(a)(ii) applies ONLY IF
the entity carried on business in Australia during the
reporting period
RULE Modern Slavery Act 2018 (Cth) Section 5(1)(b) PROVIDES
section 5(1)(b) applies ONLY IF
the reporting entity is the Commonwealth
RULE Modern Slavery Act 2018 (Cth) Section 5(1)(c) PROVIDES
section 5(1)(c) applies ONLY IF
the entity was a corporate Commonwealth entity within the meaning of
section 11 of the Public Governance, Performance and
Accountability Act 2013 during the reporting period OR
the entity was a Commonwealth company within the meaning of
section 89 of the Public Governance, Performance and
Accountability Act 2013 during the reporting period
RULE Modern Slavery Act 2018 (Cth) Section 5(1)(d) PROVIDES
section 5(1)(d) applies ONLY IF
the entity has volunteered to comply with the requirements
of the Act under section 6 for the reporting period
RULE Modern Slavery Act 2018 (Cth) Section 5(2) PROVIDES
the entity carried on business in Australia during the reporting period
ONLY IF
section 5(2)(a) applies OR
section 5(2)(b) applies
RULE Modern Slavery Act 2018 (Cth) Section 5(2)(a) PROVIDES
section 5(2)(a) applies ONLY IF
the entity was a body corporate during the reporting period AND
the entity carried on business in Australia within the meaning of
section 21 of the Corporations Act 2001
RULE Modern Slavery Act 2018 (Cth) Section 5(2)(b) PROVIDES
section 5(2)(b) applies ONLY IF
the entity was not a body corporate during the reporting period AND
the entity carried on business in Australia within the meaning of
section 21 of the Corporations Act 2001
RULE Modern Slavery Act 2018 (Cth) Section 6 PROVIDES
the entity has volunteered to comply with the requirements
of the Act under section 6 for the reporting period ONLY IF
the entity has volunteered to comply with the requirements of the Act AND
the entity has given written notice to the Minister in a manner
and form approved by the Minister AND
section 6(3) does not apply AND
section 6(2) applies
RULE Modern Slavery Act 2018 (Cth) Section 6(2) PROVIDES
section 6(2) applies ONLY IF
section 6(2)(a) applies OR
section 6(2)(b) applies
RULE Modern Slavery Act 2018 (Cth) Section 6(2)(a) PROVIDES
section 6(2)(a) applies ONLY IF
the entity was an Australian entity during the reporting period
RULE Modern Slavery Act 2018 (Cth) Section 6(2)(b) PROVIDES
section 6(2)(b) applies ONLY IF
the entity carried on business in Australia during
reporting period
RULE Modern Slavery Act 2018 (Cth) Section 6(3) PROVIDES
section 6(3) applies ONLY IF
the entity has revoked the notice made under section 6(1) by giving
written notice to the Minister before the start of the reporting period
RULE Modern Slavery Act 2018 (Cth) Section 7 PROVIDES
the Act has a jurisdictional basis ONLY IF
section 7(1)(a) applies OR
section 7(1)(b) applies
RULE Modern Slavery Act 2018 (Cth) Section 7(1)(a) PROVIDES
section 7(1)(a) applies ONLY IF
the Act relates to trade and commerce under paragraph 51(i) of the
Constitution OR
the Act relates to census and statistics under paragraph 51(xi) of the
Constitution OR
the Act relates to aliens under paragraph 51(xix) of the Constitution OR
the Act relates to corporations under paragraph 51(xx) of
the Constitution OR
the Act relates to marriage under paragraph 51(xxi) of the Constitution OR
the Act relates to immigration under paragraph 51(xxvii) of the
Constitution OR
the Act relates to external affairs under paragraph 51(xxix) of the
Constitution OR
the Act relates to incidental matters under paragraph 51(xxxix) of the
Constitution OR
the Act is covered the executive powers provisions contained in section 61
of the Constitution
RULE Modern Slavery Act 2018 (Cth) Section 7(1)(b) PROVIDES
section 7(1)(b) applies ONLY IF
the Act is made under the implied legislative powers of the Commonwealth
RULE Modern Slavery Act 2018 (Cth) Section 7(2) PROVIDES
IF the Act gives effect to the International Convention to Suppress the
Slave Trade and Slavery, done at Geneva on 25 September 1926
([1927] ATS 11) OR
the Act gives effect to the ILO Convention (No. 29) concerning Forced
or Compulsory Labour, done at Geneva on 28 June 1930 ([1933] ATS 21) OR
the Act gives effect to the Supplementary Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices similar to
Slavery, done at Geneva on 7 September 1956 ([1958] ATS 3) OR
the Act gives effect to the International Covenant on Civil and
Political Rights, done at New York on 16 December 1966 ([1980] ATS 23) OR
the Act gives effect to the Convention on the Elimination of All Forms
of Discrimination Against Women, done at New York on 18 December 1979
([1983] ATS 9) OR
the Act gives effect to the Convention on the Rights of the Child, done
at New York on 20 November 1989 ([1991] ATS 4) OR
the Act gives effect to the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized Crime, done at
New York on 15 November 2000 ([2005] ATS 27) OR
the Act gives effect to the Optional Protocol to the Convention on the
Rights of the Child on the Sale of Children, Child Prostitution and
Child Pornography, done at New York on 25 May 2000 ([2007] ATS 6) OR
the Act gives effect to the ILO Convention (No. 182) concerning the
Prohibition and Immediate Action for the Elimination of the Worst Forms
of Child Labour, done at Geneva on 17 June 1999 ([2007] ATS 38)
THEN
the Act relates to external affairs under paragraph 51(xxix) of
the Constitution
RULE Modern Slavery Act 2018 (Cth) Section 8 PROVIDES
this Act binds the Crown in right of the Commonwealth AND
this Act does not bind the Crown in right of a State, the Australian Capital
Territory or the Northern Territory
RULE Modern Slavery Act 2018 (Cth) Section 9 PROVIDES
this Act extends to every external Territory
RULE Modern Slavery Act 2018 (Cth) Section 10 PROVIDES
this Act extends to acts, omissions, matters and things outside Australia
RULE Modern Slavery Act 2018 (Cth) Section 11 PROVIDES
slavery statements must 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 AND
the statements must also include information about actions taken to
address those risks AND
joint modern slavery statements may be given on behalf of one or more
reporting entities AND
the Minister must prepare an annual modern slavery statement on behalf
of all non-corporate Commonwealth entities AND
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 reporting
entity undertake remedial action in relation to that requirement AND
the Minister may publish information about the failure to comply on the
register or elsewhere, including the identity of an entity if an entity
fails to comply with the request
RULE Modern Slavery Act 2018 (Cth) Section 12 PROVIDES
the requirement to report under section 12 has been met ONLY IF
the entity has submitted a modern slavery statement under section 13 OR
a joint modern slavery statement has been submitted that covers the entity
under section 14 OR
the entity is covered by a Commonwealth modern slavery statement
under section 15
RULE Modern Slavery Act 2018 (Cth) Section 13 PROVIDES
the entity has submitted a modern slavery statement under section 13 ONLY IF
the conditions set out in section 13(1) are met AND
the conditions set out in section 13(2) are met
RULE Modern Slavery Act 2018 (Cth) Section 13(1) PROVIDES
the conditions set out in section 13(1) are met ONLY IF
the entity is a reporting entity AND
a joint modern slavery statement has not been submitted that covers
the entity under section 14 AND
the entity has lodged a modern slavery statement as a single
reporting entity AND
the conditions set out in section 13(2) are met
RULE Modern Slavery Act 2018 (Cth) Section 13(2) PROVIDES
the conditions set out in section 13(2) are met ONLY IF
section 13(2)(a) is satisfied AND
section 13(2)(b) is satisfied AND
section 13(2)(c) is satisfied AND
section 13(2)(d) is satisfied AND
section 13(2)(e) is satisfied
RULE Modern Slavery Act 2018 (Cth) Section 13(2)(a) PROVIDES
section 13(2)(a) is satisfied ONLY IF
the modern slavery statement complies with section 16
RULE Modern Slavery Act 2018 (Cth) Section 13(2)(b) PROVIDES
section 13(2)(b) is satisfied ONLY IF
the statement has been prepared in a form approved by the Minister
RULE Modern Slavery Act 2018 (Cth) Section 13(2)(c) PROVIDES
section 13(2)(c) is satisfied ONLY IF
the statement has been approved by the principal governing
body of the entity
RULE Modern Slavery Act 2018 (Cth) Section 13(2)(d) PROVIDES
section 13(2)(d) is satisfied ONLY IF
the statement has been signed by a responsible member of the entity
RULE Modern Slavery Act 2018 (Cth) Section 13(2)(e) PROVIDES
section 13(2)(e) is satisfied ONLY IF
the statement was given to the Minister in a manner approved by
the Minister AND
the statement was given to the Minister
within the required time after the end
of the reporting period for the entity
RULE Modern Slavery Act 2018 (Cth) Section 14 PROVIDES
a joint modern slavery statement has been submitted that covers the
entity under section 14 ONLY IF
section 14(1) applies AND
section 14(2) applies
RULE Modern Slavery Act 2018 (Cth) Section 14(1) PROVIDES
section 14(1) applies ONLY IF
the reporting entity is not the Commonwealth AND
the entity is covered by a joint modern slavery statement
RULE Modern Slavery Act 2018 (Cth) Section 14(2) PROVIDES
section 14(2) applies ONLY IF
section 14(2)(a) is satisfied AND
section 14(2)(b) is satisfied AND
section 14(2)(c) is satisfied AND
section 14(2)(d) is satisfied AND
section 14(2)(e) is satisfied AND
section 14(2)(f) is satisfied
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(a) PROVIDES
section 14(2)(a) is satisfied ONLY IF
the modern slavery statement complies with section 16
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(b) PROVIDES
section 14(2)(b) is satisfied ONLY IF
the joint statement has been prepared in a form approved by the Minister
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(c) PROVIDES
section 14(2)(c) is satisfied ONLY IF
the joint statement has been prepared in consultation with each
reporting entity covered by the statement
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(d) PROVIDES
section 14(2)(d) is satisfied ONLY IF
section 14(2)(d)(i) is satisfied OR
section 14(2)(d)(ii) is satisfied OR
section 14(2)(d)(iii) is satisfied
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(d)(i) PROVIDES
section 14(2)(d)(i) is satisfied ONLY IF
the joint statement has been approved by the principal governing body of
each reporting entity covered by the statement
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(d)(ii) PROVIDES
section 14(2)(d)(ii) is satisfied ONLY IF
the joint statement has been approved by the principal governing body of
an entity which is in a position, directly or indirectly, to influence or
control each reporting entity covered by the statement
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(d)(iii) PROVIDES
section 14(2)(d)(iii) is satisfied ONLY IF
it is not practicable to have all entities covered by the statement to
approve it AND
it is not practicable to have a higher entity approve the statement on
behalf of all entities covered by the joint statement AND
at least one reporting entity covered by the statement has approved it
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(e) PROVIDES
section 14(2)(e) is satisfied ONLY IF
section 14(2)(e)(i) is satisfied OR
section 14(2)(e)(ii) is satisfied OR
section 14(2)(e)(iii) is satisfied
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(e)(i) PROVIDES
section 14(2)(e)(i) is satisfied ONLY IF
section 14(2)(d)(i) is satisfied AND
the joint statement is signed by a responsible member of each reporting
entity
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(e)(ii) PROVIDES
section 14(2)(e)(ii) is satisfied ONLY IF
section 14(2)(d)(ii) is satisfied AND
the joint statement is signed by a responsible member of the higher entity
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(e)(iii) PROVIDES
section 14(2)(e)(iii) is satisfied ONLY IF
section 14(2)(d)(iii) is satisfied AND
the joint statement is signed by a responsible member of the relevant
entities
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(f) PROVIDES
section 14(2)(f) is satisfied ONLY IF
section 14(2)(f)(i) is satisfied OR
section 14(2)(f)(ii) is satisfied
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(f)(i) PROVIDES
section 14(2)(f)(i) is satisfied ONLY IF
the statement was given to the Minister within the required time after the end
of the reporting period for the entity AND
the statement was given to the Minister in a manner approved by
the Minister
RULE Modern Slavery Act 2018 (Cth) Section 14(2)(f)(ii) PROVIDES
section 14(2)(f)(ii) is satisfied ONLY IF
the statement was given to the Minister within a period prescribed by
the rules
RULE Modern Slavery Act 2018 (Cth) Section 15 PROVIDES
the entity is covered by a Commonwealth modern slavery statement
under section 15 ONLY IF
the entity is a Commonwealth Department, agency or other Commonwealth owned
or controlled corporate or non-corporate entity AND
section 15(1) applies AND
section 15(2) applies
RULE Modern Slavery Act 2018 (Cth) Section 15(1) PROVIDES
section 15(1) applies ONLY IF
the entity was not a non-corporate Commonwealth entity within the meaning
of the Public Governance, Performance and Accountability Act 2013 AND
the entity is included in a modern slavery statement prepared by the
Commonwealth
RULE Modern Slavery Act 2018 (Cth) Section 15(2) PROVIDES
section 15(2) applies ONLY IF
section 15(2)(a) applies AND
section 15(2)(b) applies
RULE Modern Slavery Act 2018 (Cth) Section 15(2)(a) PROVIDES
section 15(2)(a) applies ONLY IF
the modern slavery statement complies with section 16
RULE Modern Slavery Act 2018 (Cth) Section 15(2)(b) PROVIDES
section 15(2)(b) applies ONLY IF
the Commonwealth modern slavery statement was prepared
within the required time after the end of the reporting period
RULE Modern Slavery Act 2018 (Cth) Section 16 PROVIDES
the modern slavery statement complies with section 16 ONLY IF
section 16(1) applies AND
section 16(2) applies
RULE Modern Slavery Act 2018 (Cth) Section 16(1) PROVIDES
section 16(1) applies ONLY IF
section 16(1)(a) is satisfied AND
section 16(1)(b) is satisfied AND
section 16(1)(c) is satisfied AND
section 16(1)(d) is satisfied AND
section 16(1)(e) is satisfied AND
section 16(1)(f) is satisfied AND
section 16(1)(g) is satisfied
RULE Modern Slavery Act 2018 (Cth) Section 16(1)(a) PROVIDES
section 16(1)(a) is satisfied ONLY IF
the modern slavery statement identifies the entity
RULE Modern Slavery Act 2018 (Cth) Section 16(1)(b) PROVIDES
section 16(1)(b) is satisfied ONLY IF
the statement describes the structure, operations and supply chains
of the entity
RULE Modern Slavery Act 2018 (Cth) Section 16(1)(c) PROVIDES
section 16(1)(c) is satisfied ONLY IF
the statement describes the risks of modern slavery practices in the
operations and supply chains of the entity, and any entities that
the entity owns or controls
RULE Modern Slavery Act 2018 (Cth) Section 16(1)(d) PROVIDES
section 16(1)(d) is satisfied ONLY IF
the statement describes the actions taken by the entity and
any entity that the entity owns or controls, to assess and address
those risks, including due diligence and remediation processes
RULE Modern Slavery Act 2018 (Cth) Section 16(1)(e) PROVIDES
section 16(1)(e) is satisfied ONLY IF
the statement describes how the entity assesses the
effectiveness of such actions
RULE Modern Slavery Act 2018 (Cth) Section 16(1)(f) PROVIDES
section 16(1)(f) is satisfied ONLY IF
section 16(1)(f)(i) is satisfied AND
section 16(1)(f)(ii) is satisfied
RULE Modern Slavery Act 2018 (Cth) Section 16(1)(f)(i) PROVIDES
section 16(1)(f)(i) is satisfied ONLY IF
the statement describes the process of consultation with any entities
that the entity owns or controls
RULE Modern Slavery Act 2018 (Cth) Section 16(1)(f)(ii) PROVIDES
section 16(1)(f)(ii) is satisfied ONLY IF
a joint modern slavery statement has not been submitted that covers the
entity under section 14 OR
the statement describes the process of consultation with
the reporting entity giving the statement
RULE Modern Slavery Act 2018 (Cth) Section 16(1)(g) PROVIDES
section 16(1)(g) is satisfied ONLY IF
the statement includes all other information considered to be relevant
RULE Modern Slavery Act 2018 (Cth) Section 16(2) PROVIDES
section 16(2) applies ONLY IF
the entity is covered by a Commonwealth modern slavery statement
under section 15 OR
section 16(2)(a) applies OR
section 16(2)(b) applies
RULE Modern Slavery Act 2018 (Cth) Section 16(2)(a) PROVIDES
section 16(2)(a) applies ONLY IF
the entity has not submitted a modern slavery statement under section 13 OR
the statement includes details of approval by the principal governing
body of the entity
RULE Modern Slavery Act 2018 (Cth) Section 16(2)(b) PROVIDES
section 16(2)(b) applies ONLY IF
a joint modern slavery statement has not been submitted that covers the
entity under section 14 OR
section 16(2)(b)(i) applies AND
section 16(2)(b)(ii) applies
RULE Modern Slavery Act 2018 (Cth) Section 16(2)(b)(i) PROVIDES
section 16(2)(b)(i) applies ONLY IF
the joint modern statement includes details of approval by the
relevant principal governing body or bodies
RULE Modern Slavery Act 2018 (Cth) Section 16(2)(b)(ii) PROVIDES
section 16(2)(b)(ii) applies ONLY IF
section 14(2)(d)(iii) does not apply OR
the statement does include an explanation of why it is not
practicable to comply with subsections 14(2)(d)(i) or (ii)
RULE Modern Slavery Act 2018 (Cth) Section 16A PROVIDES
IF the entity has not submitted a modern slavery statement under
section 13 AND
a joint modern slavery statement has not been submitted that covers the
entity under section 14 THEN BEGIN
the Minister may give a written request to the entity under section
16A(1)(a) to provide an explanation for the failure to comply within
a specified period of 28 days or longer after the request is given AND
the Minister may give a written request to the entity under
section 16A(1)(b) to undertake specified remedial action in accordance
with the request within a specified period of 28 days or longer after
the request is given AND
pursuant to section 16A(2), the Minister may extend, or further extend,
a period specified in a request under section 16A(1) by written notice
given to the entity before or after the end of the specified
period AND
as required by section 16A(3), the request must include a statement
of the effect of subsections (2) and (4) to (6)
END ELSE
a request from the Minister to the entity in relation to compliance is
not necessary
RULE Modern Slavery Act 2018 (Cth) Section 16A(4) PROVIDES
IF the entity has failed to comply with a request under section 16A(1) THEN
the Minister may publish the identity of the entity AND
the Minister may publish the identities of all entities included by a
joint modern slavery statement AND
the Minister may publish the date that a request under section 16A(1) was
made and details of any extensions under section 16A(2) AND
the Minister may publish details of the explanation or remedial action requested, and the period or periods specifie
d in the request AND
the Minister may publish the reasons why the Minister is satisfied that the entity has failed to comply with the req
uest
RULE Modern Slavery Act 2018 (Cth) Section 16A(5) PROVIDES
the entity has failed to comply with a request under section 16A(1) ONLY IF
no explanation has been given in response to the request within the
period specified OR
no remedial action is undertaken in response to the request within
the period specified
RULE Modern Slavery Act 2018 (Cth) Section 17 PROVIDES
this Part establishes the Modern Slavery Statements Register AND
the register is made available to the public on the internet AND
modern slavery statements are registered by the Minister AND
revised versions of registered modern slavery statements can be
registered in some circumstances
RULE Modern Slavery Act 2018 (Cth) Section 18 PROVIDES
the Minister must maintain a register of modern slavery statements, to be
known as the Modern Slavery Statements Register AND
the register must be made available for public inspection, without
charge, on the internet
RULE Modern Slavery Act 2018 (Cth) Section 19 PROVIDES
a modern slavery statement can be registered ONLY IF
the Minister must register the modern slavery statement under
section 19(1) OR
the Minister may register the modern slavery statement under
section 19(2)
RULE Modern Slavery Act 2018 (Cth) Section 19(1) PROVIDES
the Minister must register the modern slavery statement under
section 19(1) ONLY IF
the entity has submitted a modern slavery statement under section 13 OR
a joint modern slavery statement has been submitted that covers the
entity under section 14 OR
the entity is covered by a Commonwealth modern slavery statement
under section 15
RULE Modern Slavery Act 2018 (Cth) Section 19(2) PROVIDES
the Minister may register the modern slavery statement under
section 19(2) ONLY IF
the statement was given for the purposes of compliance with section
13 or 14 (including a statement given in response to a request under
section 16A) even if the entity giving the statement does not comply
with the requirements of subsection 13(2) or 14(2)
RULE Modern Slavery Act 2018 (Cth) Section 20 PROVIDES
section 20 needs work
RULE Modern Slavery Act 2018 (Cth) Section 21 PROVIDES
this Part deals with things done by an unincorporated entity AND
this Part deals with the Minister's capacity to delegate powers and
functions under this Act AND
this Part deals with annual reports about the implementation of this Act
this Part deals with the 3-year review of this Act AND
this Part deals with the power to make rules
RULE Modern Slavery Act 2018 (Cth) Section 22 PROVIDES
IF this Act requires or allows a thing to be done by an entity that is an
unincorporated body THEN
the thing must, or may, be done by a responsible member of the entity
on the entity's behalf
RULE Modern Slavery Act 2018 (Cth) Section 23 PROVIDES
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 ONLY IF the power does not make, vary or revoke the rules
ASSERT the delegate must comply with any directions of the Minister in
exercising powers or functions under a delegation
RULE Modern Slavery Act 2018 (Cth) Section 23A PROVIDES
section 23A needs work
/*
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.
*/
RULE Modern Slavery Act 2018 (Cth) Section 24 PROVIDES
section 24 needs work
RULE Modern Slavery Act 2018 (Cth) Section 25 PROVIDES
section 25 needs work
/*
* other Acts, mechanics and commonsense
*/
RULE Income Tax Assessment Act 1936 Section 6 "resident" (1)(b) PROVIDES
the entity was a company which was a resident within the meaning of
subsection 6(1) of the Income Tax Assessment Act 1936 during
the reporting period ONLY IF
the entity was a company during the reporting period AND BEGIN
the entity was formed or incorporated in Australia OR
the entity was not formed or incorporated in Australia AND
the entity carried on business in Australia during the
reporting period AND
the central management or control of the entity was
in Australia AND/OR
the entity's voting power was controlled by shareholders who
were residents of Australia
END
RULE Corporations Act 2001 Section 21 PROVIDES
the entity carried on business in Australia within the meaning of
section 21 of the Corporations Act 2001 ONLY IF
section 21(1) of the Corporations Act 2001 applies OR
section 21(2) of the Corporations Act 2001 applies AND
the business activities in Australia are not restricted to only
those listed in section 21(3) of the Corporations Act
2001
RULE Corporations Act 2001 Section 21(1) PROVIDES
section 21(1) of the Corporations Act 2001 applies ONLY IF
the entity has a place of business in Australia, or in State or
Territory
RULE Corporations Act 2001 Section 21(2) PROVIDES
section 21(2) of the Corporations Act 2001 applies ONLY IF
section 21(2)(a) of the Corporations Act 2001 applies OR
section 21(2)(b) of the Corporations Act 2001 applies
RULE Corporations Act 2001 Section 21(2)(a) PROVIDES
section 21(2)(a) of the Corporations Act 2001 applies ONLY IF
the entity has established or used a share transfer office or a
share registration office in Australia, or in a State or Territory
RULE Corporations Act 2001 Section 21(2)(b) PROVIDES
section 21(2)(b) of the Corporations Act 2001 applies ONLY IF
the entity has administered, managed or otherwise dealt with property
situated in Australia as an agent, legal representative or trustee,
whether by employees or agents or otherwise
RULE Corporations Act 2001 Section 21(3) PROVIDES
the business activities in Australia are restricted to only
those listed in section 21(3) of the Corporations Act 2001 ONLY IF
the business activities in Australia involve being a party to
proceedings or effecting settlement of a proceeding,
claim or dispute AND/OR
the business activities in Australia involve holding meetings of
directors or shareholders or conducting other activies relating to
the entity's internal affairs AND/OR
the business activities in Australia involve maintaining a bank
account AND/OR
the business activities in Australia involve effecting a sale through
an independent contractor AND/OR
the business activities in Australia involve soliting or procuring an
order that becomes a binding contract only if the order is accepted
outside of Australia AND/OR
the business activities in Australia involves the creation of evidence
of a debt or creates a charge on property AND/OR
the business activities in Australia involves securing or collecting
debts or enforcing rights in regard to securities relating to such
debts AND/OR
the business activities in Australia involves conducting an issolated
transaction that is completed with 31 days, not being one of a number
of similar transactions repeated from time to time AND/OR
the business activities in Australia involve investing funds or holding
any proporty AND
the entity does not have any other business activities in Australia
other than those mentioned in section 21(3) of the Corporations Act
2001
DATE the first day of the reporting period
DATE the last day of the relevant financial year for the entity
DATE the date of commencement for sections other than section 1 and section 2
RULE Modern Slavery Act 2018 (Cth) Royal Assent PROVIDES
the day the Act received Royal Assent IS 10 December 2018
RULE Modern Slavery Commencement Proclamation 2018 F2018N00189 PROVIDES
the day the Act was proclaimed IS 1 January 2019
RULE Reporting Period PROVIDES
the reporting period is covered by the Act ONLY IF
the first day of the reporting period is after the commencement of the Act
RULE Reporting Period After Commencement of the Act PROVIDES
the first day of the reporting period is after the commencement of the Act
ONLY IF
the first day of the reporting period GREATER THAN
the date of commencement for sections other than section 1 and
section 2
RULE First Day of the Reporting Period PROVIDES
the first day of the reporting period IS
the last day of the relevant financial year for the entity
MINUS 1 YEAR PLUS 1 DAY
RULE Last Day to Submit PROVIDES
IF the reporting period is covered by the Act THEN
IF the Australian Government has extended the deadline for submission of
modern slavery statements by 3 months due to the COVID-19 pandemic THEN
the last day to provide the modern slavery statement for the entity IS
the last day of the relevant financial year for the entity PLUS 9 MONTHS
ELSE
the last day to provide the modern slavery statement for the entity IS
the last day of the relevant financial year for the entity PLUS 3 MONTHS
RULE COVID-19 Extension PROVIDES
the Australian Government has extended the deadline for submission of
modern slavery statements by 3 months due to the COVID-19 pandemic
RULE Commonwealth Statement Within Required Time PROVIDES
the Commonwealth modern slavery statement was prepared
within the required time after the end of the reporting period ONLY IF
the date the Commonwealth modern slavery statement was
prepared IS LESSEQUAL THAN the last day to provide the modern
slavery statement for the entity
RULE Statement Within Required Time PROVIDES
the statement was given to the Minister within the required time after the
end of the reporting period for the entity ONLY IF
the date the modern slavery statement was given to the Minister
IS LESSEQUAL THAN the last day to provide the modern slavery statement
for the entity
RULE Time to Submit Has Not Lapsed PROVIDES
the entity still has time to submit a modern slavery statement that
meets the requirements of the Act ONLY IF
the last day to provide the modern slavery statement for the entity
IS GREATEREQUAL today
GOAL RULE Modern Slavery Act 2018 (Cth) PROVIDES
the entity has complied with the Act ONLY IF
the entity is not a reporting entity OR
the entity is a reporting entity AND
the reporting period is not covered by the Act OR
the entity is a reporting entity AND
the reporting period is covered by the Act AND
the requirement to report under section 12 has been met OR
the entity is a reporting entity AND
the reporting period is covered by the Act AND
the requirement to report under section 12 has not been met AND
the entity still has time to submit a modern slavery
statement that meets the requirements of the Act
RULE Entity is Commonwealth of Australia PROVIDES
the reporting entity is the Commonwealth ONLY IF
the name of the entity EQUALS "the Commonwealth" OR
the name of the entity EQUALS "Commonwealth" OR
the name of the entity EQUALS "the Commonwealth of Australia" OR
the entity is a Commonwealth Department, agency or other Commonwealth
owned or controlled corporate or non-corporate entity
RULE Companies Are Bodies Corporate PROVIDES
IF the entity was a company during the reporting period THEN
the entity was a body corporate during the reporting period
RULE Individuals and Companies are not trusts PROVIDES
IF the entity was a company during the reporting period OR
the entity is a person THEN
the entity was not a trust where the trust estate was a resident
trust estate within the meaning of Division 6 of Part III of the
Income Tax Assessment Act 1936 during the reporting period
RULE Individuals and Companies are not corporate limited partnerships PROVIDES
IF the entity was a company during the reporting period OR
the entity is a person THEN
the entity was not a corporate limited partnership which was a
resident within the meaning of section 94T of the Income Tax
Assessment Act 1936 during the reporting period
RULE Individuals and Companies are not Partnerships PROVIDES
IF the entity was a company during the reporting period OR
the entity is a person THEN
the entity was not a partnership during the reporting period
RULE Individuals and Companies not non-Corporate Commonwealth Entities PROVIDES
IF the entity was a company during the reporting period OR
the entity is a person THEN
the entity was not a non-corporate Commonwealth entity within the meaning
of the Public Governance, Performance and Accountability Act 2013
RULE Individuals and Private Companies are not Commonwealth Entities PROVIDES
IF the entity was a company during the reporting period OR
the entity is a person THEN
the entity is not a Commonwealth Department, agency or other Commonwealth
owned or controlled corporate or non-corporate entity
RULE Individuals are not Companies PROVIDES
IF the entity is a person THEN
the entity was not a company during the reporting period
RULE Individuals are not Bodies Corporate PROVIDES
IF the entity is a person THEN
the entity was not a body corporate during the reporting period
RULE Individuals are not Formed or Incorporated PROVIDES
IF the entity is a person THEN
the entity was not formed or incorporated in Australia
RULE Individual does not have Central Management or Control PROVIDES
IF the entity is a person THEN
the central management or control of the entity was not in Australia
RULE Individual is not a Corporate Commonwealth Entity PROVIDES
IF the entity is a person THEN
the entity was not a corporate Commonwealth entity within the meaning of
section 11 of the Public Governance, Performance and Accountability
Act 2013 during the reporting period
RULE Individual is not a Commonwealth Company PROVIDES
IF the entity is a person THEN
the entity was not a Commonwealth company within the meaning of section
89 of the Public Governance, Performance and Accountability Act 2013
during the reporting period
BOOLEAN the entity is a person
PROMPT is the entity an individual
TRANSLATE true AS the entity is an individual
TRANSLATE false AS the entity is not an individual
DEFAULT ACT Modern Slavery Act 2018
LINK section 5 TO http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/num_act/msa2018179/s5.html
LINK section 6 TO http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/num_act/msa2018179/s6.html
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