MODERN SLAVERY ACT 2018 (NO. 153, 2018) - SECT 16A Explanations for failure to comply etc.
MODERN SLAVERY ACT 2018 (NO. 153, 2018) - SECT 16A
Explanations for failure to comply etc.Request for explanation or remedial action
(1) If the Minister is reasonably satisfied that an entity has failed to comply with a requirement under section 13 or 14 (which deal with requirements to give modern slavery statements), the Minister may give a written request to the entity to do either or both of the following:
(a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given;
(b) undertake specified remedial action in relation to that requirement in accordance with the request within a specified period of 28 days or longer after the request is given.
Example: For a request relating to a failure to give a modern slavery statement to the Minister within the period required by section 13, remedial action specified under paragraph (b) of this subsection may be to give a modern slavery statement to the Minister within a further period specified in the request.
(2) The Minister may extend, or further extend, a period specified in a request under subsection (1) by written notice given to the entity. The extension may be given before or after the end of the specified period (or that period as previously extended).
(3) A request under subsection (1) must include a statement of the effect of subsections (2) and (4) to (6).
Publication of information about failure to comply with request
(4) If the Minister is reasonably satisfied that an entity has failed to comply with a request under subsection (1), the Minister may publish the following information on the register, or in any other way the Minister considers appropriate:
(a) the identity of the entity;
(b) if the request relates to the entity's failure to comply with subsection 14(2) (joint modern slavery statements) in relation to a modern slavery statement--the identities of the reporting entities covered by the statement;
(c) the date the request was given, and details of any extension given under subsection (2);
(d) details of the explanation or remedial action requested, and the period or periods specified in the request;
(e) the reasons why the Minister is satisfied that the entity has failed to comply with the request.
(5) An entity fails to comply with a request if, and only if:
(a) no explanation is given in response to the request within the period specified in the request under paragraph (1)(a) (as extended, if at all, under subsection (2)); or
(b) no remedial action is undertaken in response to the request within the period specified in the request under paragraph (1)(b) (as extended, if at all, under subsection (2)).
Review of decisions
(6) Applications may be made to the Administrative Appeals Tribunal for review of the Minister's decision under subsection (4) to publish information about an entity's failure to comply with a request under subsection (1).