MODERN SLAVERY ACT 2018 (NO. 153, 2018) - SECT 4 Definitions

MODERN SLAVERY ACT 2018 (NO. 153, 2018) - SECT 4

                   In this Act:

"accounting standards " has the same meaning as in the Corporations Act 2001 .

"Australia " , when used in a geographical sense, includes the external Territories.

"Australian entity " means:

                     (a)  a company which is a resident within the meaning of subsection 6(1) of the Income Tax Assessment Act 1936 ; or

                     (b)  a trust, if the trust estate is a resident trust estate within the meaning of Division 6 of Part III of the Income Tax Assessment Act 1936 ; or

                     (c)  a corporate limited partnership which is a resident within the meaning of section 94T of the Income Tax Assessment Act 1936 ; or

                     (d)   any other partnership, or other entity, whether incorporated or unincorporated, if:

                              (i)  the entity is formed or incorporated within Australia; or

                             (ii)  the central management or control of the entity is in Australia.

"carries on business in Australia " : see section 5 (meaning of reporting entity ).

"consolidated revenue " , of an entity, means:

                     (a)  the total revenue of the entity, for a reporting period; or

                     (b)  if the entity controls another entity or entities--the total revenue of the entity and all of the controlled entities, considered as a group, for a reporting period of the controlling entity;

worked out in accordance with the accounting standards, even if those standards do not otherwise apply to such an entity (including a controlling entity) or group.

"control " , of an entity by another entity, means control of the entity within the meaning of the accounting standards.

"entity " has the same meaning as in the Income Tax Assessment Act 1997 .

Note:          See section 960-100 of that Act.

"modern slavery " means conduct which would constitute:

                     (a)  an offence under Division 270 or 271 of the Criminal Code ; or

                     (b)  an offence under either of those Divisions if the conduct took place in Australia; or

                     (c)  trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, done at New York on 15 November 2000 ([2005] ATS 27) ; or

                     (d)  the worst forms of child labour, as defined in Article 3 of the ILO Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, done at Geneva on 17 June 1999 ([2007] ATS 38).

Note:          In 2018, the text of international agreements in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"modern slavery statement " : see section 12.

"principal governing body " , of an entity, means:

                     (a)  the body, or group of members of the entity, with primary responsibility for the governance of the entity; or

                     (b)  if the entity is of a kind prescribed by rules made for the purposes of this paragraph--a prescribed body within the entity, or a prescribed member or members of the entity.

Example:    Examples of principal governing bodies are as follows:

(a)    for a company--the company's board of directors;

(b)    for a superannuation fund--the fund's board of trustees.

"register " means the Modern Slavery Statements Register established under section 18.

"reporting entity " : see section 5.

"reporting period " , of an entity, means a financial year, or another annual accounting period applicable to the entity, which starts after the commencement of this section.

Example:    For a company's reporting period, see section 319 of the Income Tax Assessment Act 1936 .

"responsible member " , of an entity, means:

                     (a)  an individual member of the entity's principal governing body who is authorised to sign modern slavery statements for the purposes of this Act; or

                     (b)  if the entity is a trust administered by a sole trustee--that trustee; or

                     (c)  if the entity is a corporation sole--the individual constituting the corporation; or

                     (d)  if the entity is under administration within the meaning of the Corporations Act 2001 --the administrator; or

                     (e)  if the entity is of a kind prescribed by rules made for the purposes of this paragraph--a prescribed member of the entity.

"rules " means rules made by the Minister under section 25.