Strengthening the Modern Slavery Act 2018 (Cth)

Closes 1 Sep 2025

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PART B – Compliance and enforcement framework

To enable an effective and proportionate response to instances of non-compliance, the department is seeking views on options for an enhanced compliance framework, including potential expanded or additional regulatory powers. 

The table on pages 29-30 of the consultation paper provides an outline of a range of common regulatory powers and their potential or existing application to the Modern Slavery Act. These include powers to:

  • gather information
  • request for remedial action
  • issue an infringement notice
  • enter into an enforceable undertaking
  • publish information
  • redact information
  • apply for a civil penalty order.

There are currently no penalties for non-compliance with the Modern Slavery Act. The review recommended that penalties be introduced for non-compliance with the Modern Slavery Act as outlined below:

  • failure to submit a modern slavery statement
  • providing false or misleading information
  • failure to comply with a request for remedial action.

For further information on the options to enhance compliance refer to Part B of the consultation paper. 

Would additional or enhanced guidance be sufficient to address current non-compliance?

(Please select one)

To date, the regulator has not used its power to request remedial action or publish information regarding non-compliance, focusing instead on education. Will the use of these existing compliance powers be sufficient to address current non-compliance?

(Please select one)

Should the existing compliance powers be amended? If so, how?

(Please select one)

Under section 16A of the Modern Slavery Act, the regulator can request an entity provide an explanation for the failure to comply with reporting requirements. Would broader information gathering powers be more effective to address non-compliance?

(Please select one)

Should additional regulatory tools be introduced into the Modern Slavery Act to penalise non-compliance?

(Please select one)

If yes, which of the following additional regulatory tools should be introduced to respond proportionately to non-compliance?

Select from any of the following:

Should civil penalties be introduced into the Modern Slavery Act?

(Please select one)

If yes, which of the following civil penalties should be introduced into the Modern Slavery Act?

Select from any of the following:

Should any defences, such as mistake of fact, be considered for any proposed civil penalties?

(Please select one)

What key considerations should be taken into account when considering the maximum penalty units for any penalty provisions?
There are a number of key subsidiary matters to consider when exploring the introduction of additional regulatory tools, including civil penalties:

If additional regulatory tools are introduced, who should carry out these new functions:

(Please select one)

For the regulator to effectively identify, investigate and litigate alleged non-compliance, the regulator will require:

(Please select all that apply)

Are there any other subsidiary issues to be considered?