The tracker · Australia

Australian Modern Slavery Act

In forceAustraliaEntry updated October 2026

Mandatory modern slavery statements with prescribed content, awaiting the penalties its own review recommended.

Status
In force
Enacted
January 2019
First compliance deadline
FY2020 statements
Companies in scope
Entities with annual consolidated revenue of 100 million Australian dollars or more
Maximum penalty
None currently; civil penalties and a criminal failure to prevent offence were announced in July 2026 but are not yet legislated
Civil liability
None under the act
Enforcement body
Attorney-General’s Department register; Commonwealth Anti-Slavery Commissioner

Latest movement

Consultation on the failure to prevent offence ran from 21 August to 25 September 2026, raising absolute liability and deferred prosecution agreements.

In plain language

What this law does

The Australian act requires covered entities to publish annual modern slavery statements addressing seven mandatory criteria, filed on a public register. Unlike the UK regime the content is prescribed, but like the UK regime there are currently no financial penalties for poor or absent reporting.

The 2023 statutory review recommended penalties, a due diligence duty and lower thresholds. The Anti-Slavery Commissioner role was created and filled, while the harder-edged recommendations await legislation, making Australia the clearest live test of whether disclosure regimes graduate into due diligence regimes.

On 16 July 2026 the government announced that it would create a criminal offence for companies with annual consolidated revenue above A$100 million that fail to prevent modern slavery in their supply chains, with a defence for companies that took reasonable steps. Civil penalties for reporting failures would follow alongside it. The Attorney-General's Department published its consultation paper on 21 August 2026, and the consultation closed on 25 September. The paper asks whether the offence should rest on absolute liability, so that a company could be liable without knowledge or intent, subject to the reasonable steps defence. It also raises deferred prosecution agreements and routes for survivors to seek civil remedies. No bill has yet been introduced.

Obligations

What it asks of companies

  1. Seven mandatory reporting criteria

    Statements must cover structure, operations, risks, actions, effectiveness assessment, consultation and any other relevant information.

  2. Board approval and registration

    Statements require principal governing body approval and filing on the public register within six months of year end.

January 2019

Act commenced.

2023

Statutory review recommended penalties, a due diligence duty and lower thresholds.

2024

Commonwealth Anti-Slavery Commissioner established.

2025 to 2026

Government response to the review partially implemented; penalties bill pending.

16 July 2026

Government announced a criminal failure to prevent offence for companies above A$100 million in revenue, with a reasonable steps defence, plus civil penalties for reporting breaches; consultation to follow.

21 August to 25 September 2026

Attorney-General's Department consulted on the failure to prevent offence, with absolute liability, deferred prosecution agreements and civil remedies for survivors among the options.

Changelog

Entry history

October 2026

Added the August and September 2026 consultation, including the absolute liability option.

September 2026

Added the July 2026 announcement of a failure to prevent offence and civil penalties.

May 2026

Commissioner priorities and pending reform items updated.

Trade under this regime · Regulated Trade Index

Exposed export value at full application, across the ten tracked origins · Figures come from UN Comtrade. For each country we use what its buyer markets reported importing, rather than what the country itself reported exporting, because several tracked countries report to Comtrade late or not at all. Every share is measured against that country's exports to the nine regulated markets this index tracks, not against its total exports to the world, because no reliable world total exists for countries that under-report. European Union figures add up all twenty seven member states. The European product breakdown by chapter is estimated from the four largest importers, Germany, France, the Netherlands and Italy, and scaled up to the full twenty seven member total, so it captures which products dominate without understating any single one. · methodology

$22bn
Thailand$8.1bnVietnam$4.7bnIndia$4.7bnIndonesia$3.4bnBangladesh$0.6bnBrazil$0.6bn

Sources

Primary documents