Bill
Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023
passed, as at 2024-06-11. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2023-11-30
- second reading — 2023-11-30
- second reading — 2024-02-06
- other — 2024-02-06
- second reading — 2024-02-07
- second reading — 2024-02-07
- committee — 2024-02-07
- other — 2024-02-08
- third reading — 2024-02-08
- introduced — 2024-02-08
- second reading — 2024-02-08
- second reading — 2024-05-14
- second reading — 2024-05-16
- second reading — 2024-05-16
- third reading — 2024-05-16
- other — 2024-05-28
- passed — 2024-05-28
- royal assent — 2024-06-11
Divisions
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2024-05-16.7.1) to the usual second reading motion, which is "*that the bill be read a second time*" (parliamentary jargon for agreeing with the main idea). This means the usual motion will remain as it is. ### Amendment text > *At the end of the motion, add “, but the Senate is of the opinion that the Australian Anti-Slavery Commissioner should have the budget necessary to:* > >> *(a) administer and enforce the reporting requirements in the Modern Slavery Act across government, business and non-profit reporting entities; and* >> >> *(b) deliver leadership on anti-slavery policy and practice”.* — 2024-05-16, Senate: negative, ayes 14, noes 32
- The majority voted against an [amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr7122_amend_80634673-4347-455b-ba02-a5c213dfc349%22;rec=0) to the usual second reading motion, which is "*that the bill be read a second time*" (parliamentary jargon for agreeing with the main idea of the bill). ### Amendment text > *At the end of the motion, add “, but the Senate:* > > *(a) notes that:* > >> *(i) there are over 42,000 people imprisoned in Australian correctional centres, with many of them working for as little as $2 an hour for certain Australian corporations, including Qantas,* >> >> *(ii) Australia has the highest rate of prisoners held in privately operated facilities in the world, and private prisons and Australian corporations profit from the use of slave-like labour and wage theft within prisons, exploiting prisoners for financial gain,* >> >> *(iii) as First Nations people are disproportionately criminalised and incarcerated, the ongoing forced labour through prison labour programs represent modern-day manifestations of colonial practices such as slave labour, indentured servitude, and blackbirding that occurred in Australia,* >> >> *(iv) this modern history of wage theft and slave-like conditions includes the Community Development Employment Projects, and work-for-the-dole schemes; and* > > *(b) calls on the Government to:* > >> *(i) release the exact numbers and names of companies that employ prison labour in Australia, information which is currently unknown as requests for the data has been repeatedly denied by government agencies; and* >> >> *(ii) ensure that the Australian Anti-Slavery Commissioner has direct powers to refer matters and industries to the Fair Work Commission and the Fair Work Ombudsman, and that the prison industry, and prison labour supply chain is referred immediately”.* — 2024-05-16, Senate: negative, ayes 12, noes 33
- The majority voted against Australian Greens amendments on sheets [2506](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr7122_amend_690bb5f0-e1a5-424e-b738-1bc764d9ee49%22;rec=0) and [2593](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr7122_amend_58ee3530-5eff-4d55-9ed9-4393df3d91f6%22;rec=0), which means they failed. These amendments related to the Commissioner’s functions and a Lived Experience Advisory Panel. ### Amendment text SHEET 2506 > *(1) Schedule 1, item 4, page 4 (after line 5), after the paragraph beginning "This Part establishes" in section 20A, insert:* > >> *This Part also establishes the Lived Experience Advisory Panel.* > > *(2) Schedule 1, item 4, page 4 (line 10), at the end of the paragraph beginning "The Commissioner has functions", add "In performing the Commissioner's functions, the Commissioner must have regard to the advice of the Lived Experience Advisory Panel.".* > > *(3) Schedule 1, item 4, page 5 (after line 30), after subsection 20C(1), insert:* > >> *(1A) In performing the functions mentioned in subsection (1), the Commissioner must have regard to the advice of the Lived Experience Advisory Panel.* > > *(4) Schedule 1, item 4, page 5 (after line 33), after section 20C, insert:* > >> *20CA Lived Experience Advisory Panel* >> >> *(1) The Lived Experience Advisory Panel is established by this section.* >> >> *(2) The Advisory Panel consists of at least 5 members appointed by the Minister by written instrument.* >> >> *(3) The members of the Advisory Panel must be persons with lived experience of modern slavery.* >> >> *(4) The Advisory Panel has the following functions:* >> >>> *(a) to advise the Commissioner, in the exercise of the Commissioner's functions, on matters relating to modern slavery;* >>> >>> *(b) any other functions prescribed by the — 2024-05-16, Senate: negative, ayes 13, noes 36
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2023-11-30.
This bill would create an Australian Anti-Slavery Commissioner as an independent statutory office holder.
The commissioner would collaborate with government, businesses and community groups to promote compliance with the Modern Slavery Act and improve supply chain transparency, but would lack investigative or coercive powers.
The government allocated $8.0 million over four years from 2023–24, plus $2.0 million annually ongoing, to establish the commissioner.
- Establishes an independent Australian Anti-Slavery Commissioner.
- Gives the commissioner functions to work with government, business and civil society on compliance and supply chain transparency.
- Provides the commissioner discretion in performing functions and freedom from direction.
- Sets a merit-based appointment by the Governor-General for up to five years, with possible reappointment once.
- Requires the commissioner to prepare and publish strategic plans and annual reports to Parliament.
- Allocates $8.0 million over four years and $2.0 million annually ongoing for the commissioner's establishment.
Government agencies, businesses, civil society organisations, and victims and survivors of modern slavery.
Sources
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billhome
frl act