New South Wales Consolidated Acts

MODERN SLAVERY ACT 2018 - SECT 5

5 Definitions

(1) In this Act--

"Commissioner" means the Anti-slavery Commissioner appointed under Part 2.

"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

"forced labour" has the meaning it has in section 270.6 of the Commonwealth Criminal Code.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"government agency" means any of the following--

(a) a government sector agency (within the meaning of the Government Sector Employment Act 2013 ),

(b) a NSW Government agency,

(e) a council, county council or joint organisation within the meaning of the Local Government Act 1993 ,

(f) any other public or local authority that is constituted by or under an Act or that exercises public functions,

(g) any public or local authority that is constituted by an Act of another jurisdiction that exercises public functions.

"modern slavery" includes the following--

(a) any conduct constituting a modern slavery offence,

(b) any conduct involving the use of any form of slavery, servitude or forced labour to exploit children or other persons taking place in the supply chains of organisations.

"Modern Slavery Committee" means the joint committee called the Modern Slavery Committee constituted under this Act.

"modern slavery offence" means the following--

(a) an offence described in Schedule 2,

(b) an offence of attempting, or of incitement, to commit an offence described in Schedule 2,

(c) conduct engaged in elsewhere than in New South Wales that, if it occurred in New South Wales, would constitute a modern slavery offence under paragraph (a) or (b).

"organisation" includes a government agency and a commercial organisation.

"Presiding Officer" means the President of the Legislative Council or the Speaker of the Legislative Assembly. However--

(a) if there is a vacancy in the office of President, the reference to the President is a reference to the Clerk of the Legislative Council, or

(b) if there is a vacancy in the office of Speaker, the reference to the Speaker is a reference to the Clerk of the Legislative Assembly.

"servitude" has the meaning it has in section 270.4 of the Commonwealth Criminal Code.

"slavery" has the meaning it has in section 270.1 of the Commonwealth Criminal Code.

"strategic plan" --see section 11.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes included in this Act do not form part of this Act.

(3) A reference in this Act to a government agency of the State is a reference to a government agency other than a public or local authority constituted by an Act of another jurisdiction.