Modern Slavery Statement: when each entity's statement is due

The basic deadline rule

The Modern Slavery Act 2018 (Cth) mandates that reporting entities publish a Modern Slavery Statement. This obligation applies to entities with consolidated annual revenue of at least AUD $100M. Businesses can use the modern slavery threshold checker to determine if they meet this requirement.

The deadline for publishing a Modern Slavery Statement is determined by the entity’s financial year. The statement must be lodged on the public Modern Slavery Statements Register within six months of the end of that reporting period.

Essentially, the timing of a statement’s due date is directly linked to when an entity’s financial year concludes.

Common year-ends and their due dates

Entities with a 30 June year-end, the most common reporting period in Australia, must ensure their Modern Slavery Statement is submitted by 31 December of the same year. The reporting period for these entities concludes on 30 June. Organisations with a 31 December year-end have a different timeframe, with their statement due by 30 June of the following year, reflecting a reporting period ending on 31 December. Use the compliance calendar tool to track these dates.

Some entities, particularly those within Japanese-owned groups, may operate on a 31 March year-end. These organisations are required to submit their Modern Slavery Statement by 30 September of the same year. Similarly, entities with a 30 September year-end must submit their statement by 31 March of the following year.

• 30 June year-end: Statement due by 31 December
• 31 December year-end: Statement due by 30 June
• 31 March year-end: Statement due by 30 September
• 30 September year-end: Statement due by 31 March

What the statement must include

The modern slavery statement must address seven mandatory criteria outlined in s 16 of the Act. These criteria require entities to detail the structure, operations, and supply chains of their organisation. Statements must also describe the modern slavery risks identified within those operations and supply chains, and the actions taken to assess and address those risks. Furthermore, the statement must explain the effectiveness of those actions. modern slavery statement scaffold provides a useful guide.

Entities are required to document consultation with any controlled entities and include any other information deemed relevant to the assessment and mitigation of modern slavery risks. The statement’s content should demonstrate a thorough understanding of the entity’s exposure to modern slavery issues and the steps taken to address them.

To ensure accountability, the statement must be approved by the entity’s principal governing body – for example, a company’s board – and signed by a responsible member. Where corporate groups submit a joint statement, each reporting entity within the group must still obtain approval from its own governing body.

Late lodgement and the register

Modern Slavery Statements must be lodged on the Modern Slavery Statements Register, which is a free, public resource maintained by the Australian Border Force. This register provides transparency regarding entities’ efforts to address modern slavery risks in their operations and supply chains.

Historically, late lodgement or non-compliance with the Modern Slavery Act has not resulted in financial penalties. However, the statutory review of the Act has considered potential enforcement reforms.

The primary consequence of late lodgement or non-compliance is the reputational impact of being listed publicly as a late or non-lodger. This public listing is typically the main factor encouraging entities to organise and submit their statements.