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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Modern Slavery Amendment (Australian
Anti-Slavery Commissioner) Bill 2023
No. , 2023
(Attorney-General)
A Bill for an Act to amend the
Modern Slavery Act
2018
, and for related purposes
No. , 2023
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Amendments
3
Modern Slavery Act 2018
3
No. , 2023
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
1
A Bill for an Act to amend the
Modern Slavery Act
1
2018
, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Modern Slavery Amendment (Australian
5
Anti-Slavery Commissioner) Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2023
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
3
Schedule
1--Amendments
1
2
Modern Slavery Act 2018
3
1 Title
4
After "
risks,
" insert "
to establish the Australian Anti-Slavery
5
Commissioner,
".
6
2 At the end of section 3
7
Add:
8
This Act also establishes the Australian Anti-Slavery
9
Commissioner, sets out the Commissioner's functions and deals
10
with other matters relating to the role of the Commissioner
11
(including administrative matters).
12
3 Section 4
13
Insert:
14
Commissioner
means the Australian Anti-Slavery Commissioner
15
referred to in section 20B.
16
paid work
means work for financial gain or reward (whether as an
17
employee, a self-employed person or otherwise).
18
sensitive information
means information the disclosure of which
19
would or might:
20
(a) prejudice the security, defence or international relations of
21
Australia; or
22
(b) prejudice the investigation of, or the prosecution of a person
23
for, an offence; or
24
(c) endanger the life or safety of any person.
25
strategic plan
means a strategic plan prepared under section 20X
26
and includes a strategic plan as revised under that section.
27
4 After Part 3
28
Insert:
29
Schedule 1
Amendments
4
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
No. , 2023
Part
3A--Australian Anti
-
Slavery Commissioner
1
Division
1--Preliminary
2
20A Simplified outline of this Part
3
This Part establishes and sets out the functions of the Australian
4
Anti-Slavery Commissioner.
5
The Commissioner has functions relating to addressing modern
6
slavery and supporting victims of modern slavery. The
7
Commissioner's functions include consulting and liaising with
a
8
range of persons, and advocating to the Commonwealth
9
Government, in relation to modern slavery.
10
This Part deals with administrative matters relating to the
11
Commissioner, including the appointment of the Commissioner,
12
the terms and conditions on which the Commissioner holds office
13
and arrangements relating to staff, contractors and consultants.
14
This Part also deals with requests for information from
15
Commonwealth agencies, strategic plans and annual reports.
16
Division
2--Establishment, functions and powers of
17
Australian Anti
-
Slavery Commissioner
18
20B Australian Anti-Slavery Commissioner
19
There is to be an Australian Anti-Slavery Commissioner.
20
Note:
In this Act,
Commissioner
means the Australian Anti-Slavery
21
Commissioner (see section 4).
22
20C Functions of Commissioner
23
(1) The Commissioner has the following functions:
24
(a) to promote compliance with this Act;
25
(b) to support Australian entities and entities carrying on
26
business in Australia to address risks of modern slavery
27
Amendments
Schedule 1
No. , 2023
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
5
practices in their operations and supply chains, and in the
1
operations and supply chains of entities they own or control;
2
(c) to support collaboration and engagement within and across
3
sectors in relation to addressing modern slavery;
4
(d) to support victims of modern slavery by providing
5
information in relation to government and non-government
6
resources, programs and services;
7
(e) to engage with, and promote engagement with, victims of
8
modern slavery to inform measures for addressing modern
9
slavery;
10
(f) to support, encourage and conduct education and community
11
awareness initiatives relating to modern slavery;
12
(g) to support, encourage, conduct and evaluate research about
13
modern slavery;
14
(h) to collect, analyse, interpret and disseminate information
15
relating to modern slavery;
16
(i) to consult and liaise with Commonwealth, State and Territory
17
governments, agencies, bodies and office holders on matters
18
relating to modern slavery;
19
(j) to consult and liaise with other persons and organisations on
20
matters relating to modern slavery;
21
(k) to advocate to the Commonwealth Government on matters
22
relating to modern slavery, including for continuous
23
improvement in policy and practice;
24
(l) at the request of the Minister, to provide advice to the
25
Minister on matters relating to modern slavery;
26
(m) such other functions as are conferred on the Commissioner
27
by this Act or any other law of the Commonwealth;
28
(n) to do anything incidental or conducive to the performance of
29
any of the above functions.
30
(2) To avoid doubt, the Commissioner may not investigate, or resolve
31
complaints concerning, individual instances or suspected instances
32
of modern slavery.
33
20D Commissioner must have regard to international obligations
34
In
performing the Commissioner's functions, the Commissioner
35
must have regard to Australia's
international obligations.
36
Schedule 1
Amendments
6
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
No. , 2023
20E Application of finance law
1
For the purposes of the finance law (within the meaning of the
2
Public Governance, Performance and Accountability Act 2013
),
3
the Commissioner is an official of the Department.
4
20F Arrangements relating to staff of the Department
5
(1) The staff assisting the Commissioner are to be APS employees in
6
the Department whose services are made available to the
7
Commissioner by the Secretary of the Department, in connection
8
with the performance of any of the Commissioner's functions or
9
the exercise of any of the Commissioner's powers.
10
(2) When performing services for the Commissioner under this
11
section, a person is subject to the directions of the Commissioner.
12
20G Contractors
13
The Commissioner may, on behalf of the Commonwealth, engage
14
persons under a written agreement to assist the Commissioner to
15
perform or exercise the functions or powers of the Commissioner.
16
20H Consultants
17
The Commissioner may, on behalf of the Commonwealth, engage
18
consultants to advise in relation to the performance of the
19
Commissioner's functions.
20
20J Independence of Commissioner
21
Subject to this Act and any other Act, the Commissioner:
22
(a) has complete discretion in performing or exercising the
23
Commissioner's functions or powers; and
24
(b) is not subject to direction from anyone when doing so.
25
20K Commissioner not to be sued
26
The Commissioner, and any person acting under the direction or
27
authority of the Commissioner, is not liable to an action, suit or
28
proceeding in relation to an act done or omitted to be done in good
29
Amendments
Schedule 1
No. , 2023
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
7
faith in the performance or purported performance, or exercise or
1
purported exercise, of a function or power conferred by this Act.
2
Division
3--Appointment
3
20L Appointment of Commissioner
4
(1) The Commissioner is to be appointed by the Governor-General by
5
written instrument, on a full-time basis.
6
(2) A person must not be appointed under subsection (1) as the
7
Commissioner unless the Minister is satisfied that:
8
(a) the person has appropriate qualifications, knowledge or
9
experience in one or more of the following fields:
10
(i) human rights issues relating to business practices;
11
(ii) regulation;
12
(iii) public policy relating to modern slavery or related forms
13
of human exploitation;
14
(b) the selection of the person for the appointment is the result of
15
a process that:
16
(i) was merit-based; and
17
(ii) included public advertising of the position.
18
(3) Paragraph (2)(b) does not apply in relation to the reappointment of
19
a person who, immediately before the start of the period of
20
reappointment, holds office as the Commissioner under a previous
21
appointment under subsection (1).
22
20M Obligation to fill vacancy as soon as practicable
23
As soon as practicable after the office of the Commissioner
24
becomes vacant, a Commissioner or acting Commissioner must be
25
appointed under section 20L or 20P.
26
20N Period of appointment
27
(1) The Commissioner holds office for the period specified in the
28
instrument of appointment. The period must not exceed 5 years.
29
Schedule 1
Amendments
8
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
No. , 2023
(2) A person is not eligible to be appointed to the office of the
1
Commissioner more than twice.
2
20P Acting appointments
3
(1) The Minister may, by written instrument, appoint a person to act as
4
the Commissioner:
5
(a) during a vacancy in the office of the Commissioner (whether
6
or not an appointment has previously been made to the
7
office); or
8
(b) during any period, or during all periods, when the
9
Commissioner:
10
(i) is absent from duty or from Australia; or
11
(ii) is, for any reason, unable to perform the duties of the
12
office.
13
Note:
For rules that apply to acting appointments, see sections 33AB and
14
33A of the
Acts Interpretation Act 1901
.
15
(2) A person must not be appointed to act as the Commissioner unless
16
the Minister is satisfied that the person has appropriate
17
qualifications, knowledge or experience to be appointed as the
18
Commissioner.
19
Division
4--Terms and conditions etc.
20
20Q Remuneration and allowances
21
(1) The Commissioner is to be paid the remuneration that is
22
determined by the Remuneration Tribunal. If no determination of
23
that remuneration by the Tribunal is in operation, the member is to
24
be paid the remuneration that is prescribed by the rules.
25
(2) The Commissioner is to be paid the allowances that are prescribed
26
by the rules.
27
(3) This section has effect subject to the
Remuneration Tribunal Act
28
1973
.
29
Amendments
Schedule 1
No. , 2023
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
9
20R Leave of absence
1
(1) The Commissioner has the recreation leave entitlements that are
2
determined by the Remuneration Tribunal.
3
(2) The Minister may grant the Commissioner leave of absence, other
4
than recreation leave, on the terms and conditions as to
5
remuneration or otherwise that the Minister determines.
6
20S Other paid work
7
The Commissioner must not engage in paid work outside the duties
8
of the Commissioner's office without the approval of the Minister.
9
20T Resignation
10
(1)
The Commissioner may resign the Commissioner's appointment
11
by giving the Governor-General a written resignation.
12
(2) The resignation takes effect on the day it is received by the
13
Governor-General or, if a later day is specified in the resignation,
14
on that later day.
15
20U Termination of appointment
16
(1) The Governor-General may terminate the appointment of the
17
Commissioner:
18
(a) for misbehaviour; or
19
(b) if the Commissioner is unable to perform the duties of the
20
Commissioner's office because of physical or mental
21
incapacity.
22
(2) The Governor-General may terminate the appointment of the
23
Commissioner if:
24
(a) the Commissioner:
25
(i) becomes bankrupt; or
26
(ii) applies to take the benefit of any law for the relief of
27
bankrupt or insolvent debtors; or
28
(iii)
compounds with the Commissioner's creditors; or
29
(iv) makes an assignment of remuneration for the benefit of
30
the Commissioner's creditors; or
31
Schedule 1
Amendments
10
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
No. , 2023
(b) the Commissioner is absent, except on leave of absence, for
1
14 consecutive days or for 28 days in any 12 months; or
2
(c)
the Commissioner engages, except with the Minister's
3
approval, in paid work outside the duties of the
4
Commissioner's office (see
section 20S); or
5
(d) the Commissioner fails, without reasonable excuse, to
6
comply with section 29 of the
Public Governance,
7
Performance and Accountability Act 2013
(which deals with
8
the duty to disclose interests) or rules made for the purposes
9
of that section.
10
20V Other terms and conditions
11
The Commissioner holds office on the terms and conditions (if
12
any) in relation to matters not covered by this Act that are
13
determined by the Governor-General.
14
Division
5--Other matters
15
20W Commissioner may request information from Commonwealth
16
agencies
17
(1) If the Commissioner reasonably believes that a Commonwealth
18
agency has information relevant to the performance of the
19
Commissioner's functions, the Commissioner may, in writing,
20
request the agency to give the information to the Commissioner.
21
(2) The request may specify a period within which the information is
22
to be given. The period specified must be reasonable.
23
(3) The agency must, so far as is reasonably practicable, comply with
24
the request.
25
(4) In this section:
26
Commonwealth agency
means:
27
(a) a Commonwealth entity (within the meaning of the
Public
28
Governance, Performance and Accountability Act 2013
); or
29
(b) a person who performs the functions of, or performs
30
functions within, a Commonwealth entity (within the
31
meaning of that Act).
32
Amendments
Schedule 1
No. , 2023
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
11
20X Strategic plan
1
(1) The Commissioner must:
2
(a)
prepare a strategic plan in relation to the Commissioner's
3
functions; and
4
(b) ensure that:
5
(i) the first strategic plan comes into force as soon as
6
practicable after the commencement of this section; and
7
(ii) a strategic plan is in force at all times after the first
8
strategic plan comes into force.
9
(2) A strategic plan must:
10
(a) relate to a period of up to 3 years; and
11
(b)
state the Commissioner's p
riorities and principal objectives
12
for the period in relation to the performance of the
13
Commissioner's functions.
14
(3) A strategic plan must not include sensitive information.
15
(4) A strategic plan prepared by the Commissioner is in force for the
16
period to which the plan relates.
17
(5) The Commissioner may revise a strategic plan at any time during
18
the period to which the strategic plan relates.
19
(6) In preparing or revising a strategic plan, the Commissioner must
20
consult:
21
(a) the Minister; and
22
(b) the Secretary of the Department.
23
(7) The Commissioner must cause a strategic plan to be published on
24
the Commissioner's website as soon as practicable after the plan is
25
prepared or revised (as the case may be).
26
(8) A strategic plan is not a legislative instrument.
27
20Y Annual report by Commissioner
28
(1) The Commissioner must, within 3 months after the end of a
29
financial year, prepare and give to the Minister an annual report on
30
the Commissioner's activities during the financial year.
31
Schedule 1
Amendments
12
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
No. , 2023
Note:
See also section 34C of the
Acts Interpretation Act 1901
, which
1
contains extra rules about periodic reports.
2
(2) The report prepared by the Commissioner for a financial year must
3
set out:
4
(a)
the Commissioner's activities during the financial year in
5
relation to the C
ommissioner's functions; and
6
(b) the progress made towards any objectives set out in the
7
strategic plan or plans that were in force during all or part of
8
the financial year; and
9
(c) a description of any milestones in relation to the
10
Commissioner's activi
ties that were reached during the
11
financial year; and
12
(d)
any emerging issues relating to the Commissioner's
13
functions.
14
(3) If the Commissioner considers that the annual report contains
15
sensitive information, the Commissioner must also prepare and
16
give to the Minister, at the same time as the annual report, a
17
version of the report which does not contain that information.
18
(4) In determining whether the annual report contains sensitive
19
information, the Commissioner may consult the Minister.
20
(5) The Minister must cause a copy of:
21
(a) the annual report; or
22
(b) if the annual report contains sensitive information
--
the
23
corresponding version of the report which does not contain
24
that information;
25
to be tabled in each House of the Parliament within 15 sitting days
26
of that House after the report is given to the Minister.
27
(6) The Commissioner must cause a copy of:
28
(a) the annual report; or
29
(b) if the annual report contains sensitive information
--
the
30
corresponding version of the report which does not contain
31
that information;
32
to be published on the Commissioner's website as soon as
33
practicable after the report is tabled in the House of
34
Representatives.
35
Amendments
Schedule 1
No. , 2023
Modern Slavery Amendment (Australian Anti-Slavery Commissioner)
Bill 2023
13
5 Section 21
1
Omit "the Minister's capacity to delegate powers and functions",
2
substitute "delegations".
3
6 After section 22
4
Insert:
5
22A Delegation by Commissioner
6
(1) The Commissioner may, in writing, delegate all or any of the
7
Commissioner's functions or powers under this Act to an APS
8
employee whose services have been made available under
9
section 20F and who is:
10
(a) an SES employee; or
11
(b) an acting SES employee; or
12
(c) classified as Executive Level 2 or equivalent; or
13
(d) acting in a position usually occupied by an APS employee
14
who is so classified.
15
(2) In performing functions or exercising powers under the delegation,
16
the delegate must comply with any written directions of the
17
Commissioner.
18
7 Section 23 (at the end of the heading)
19
Add
"
by Minister
".
20
8 Application
--
annual reports
21
(1)
Section 20Y of the
Modern Slavery Act 2018
,
as inserted by this
22
Schedule, applies in relation to a financial year beginning on or after the
23
commencement of this item.
24
(2)
That section applies in relation to the first annual report prepared by the
25
Commissioner under that section as if a reference to the financial year
26
were instead a reference to the period:
27
(a) starting on the commencement of this item; and
28
(b) ending at the end of the financial year.
29