New South Wales Consolidated Acts

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MODERN SLAVERY ACT 2018 - SECT 24

Transparency of supply chain

24 Transparency of supply chain

(1) In this Act:

"commercial organisation" means an organisation (other than a government agency of the State) having employees in the State that:
(a) supplies goods and services for profit or gain, and
(b) has a total turnover in a financial year of the organisation of not less than $50 million or such other amount as may be prescribed by the regulations.

"organisation" means the following:
(a) any corporation (within the meaning of section 57A of the Corporations Act 2001 of the Commonwealth) or incorporated partnership,
(b) an association (including a partnership) other than one referred to in paragraph (a), or other body of persons.
(2) A commercial organisation must prepare a modern slavery statement complying with subsection (3) for each financial year of the organisation.
Maximum penalty: 10,000 penalty units.
(3) The statement is to be prepared in accordance with the regulations within such period after the end of the financial year as is provided for by the regulations.
(4) The statement is to contain such information as may be required by or under the regulations for or with respect to steps taken by the commercial organisation during the financial year to ensure that its goods and services are not a product of supply chains in which modern slavery is taking place.
(5) Without limiting subsection (4), the regulations may require a modern slavery statement to include information about the following:
(a) the organisation's structure, its business and its supply chains,
(b) its due diligence processes in relation to modern slavery in its business and supply chains,
(c) the parts of its business and supply chains where there is a risk of modern slavery taking place, and the steps it has taken to assess and manage that risk,
(d) the training about modern slavery available to its employees.
(6) The commercial organisation must make its modern slavery statement public in accordance with the regulations.
Maximum penalty: 10,000 penalty units.
(7) A person must not provide information in connection with a matter under this section that the person knows, or ought reasonably to know, is false or misleading in a material particular.
Maximum penalty: 10,000 penalty units.
Note : The Crimes Act 1900 contains other offences relating to false and misleading information: sections 307B and 307C (False or misleading information/documents--maximum penalty imprisonment for 2 years or $22,000, or both).
(8) The regulations may exempt or provide for the exemption, unconditionally or subject to conditions, of any organisation or class of organisation from any or all of the provisions of this section or the regulations made for the purposes of this section.
Note : Section 175 of the Public Works and Procurement Act 1912 provides for transparency in the supply chains of government agencies of the State.
(9) This section does not apply to a commercial organisation if the organisation is subject to obligations under a law of the Commonwealth or another State or a Territory that is prescribed as a corresponding law for the purposes of this section.



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