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Modern Slavery Reporting Requirements - Do I need to report?

February 06, 2020

From 1 January 2019 businesses with an annual consolidated revenue of over $100 million must submit a Modern Slavery Statement (MSS) outlining the risks of modern slavery in their supply chain within 6 months of the end of their reporting year (whether that be a financial or calendar year).

You will need to prepare and submit a MSS if your business:

  • Has a consolidated revenue of more than $100 million over a 12 month reporting period; AND
  • Is an Australian entity; OR
  • Is a foreign entity carrying on business in Australia.

Extension of time for reporting

Due to the impacts of COVID-19 the Federal Government has extended the deadline for businesses to lodge statements in 2020 by three months. This means that, for example, if your reporting period was 1 July 2019 – 30 June 2020 and you were originally required to lodge a MSS by 31 December 2020, you now have until 31 March 2021 to lodge a statement. Further information is provided below.

Calculating consolidated revenue

Calculating consolidated revenue must be done in accordance with the Australian Accounting Standards (AAS). You will need to use these standards even if they do not normally apply to your business.

Under the AAS the concept of consolidated revenue is used to describe the total revenue of your business and any businesses you control, AASB 10 Consolidated Financial Statements explains how to determine if one business controls another.

Australian Entity or a Foreign Entity carrying on a Business in Australia

Is your entity an Australian entity?
Your business will be an Australian business if it is a company, trust or corporate limited partnership that is a resident in Australia for income tax purposes. In most cases you should already know whether your entity is a resident for tax purposes.

Your entity will also be an Australian entity and need to provide a report if your business is formed or incorporated in Australia or if the central management and control of your entity is in Australia.

Is your entity a foreign entity carrying on a business in Australia?
The legal threshold to determine if you are carrying on a business is Australia is set by section 21 of the Corporations Act however you should already know if your entity is carrying on a business in Australia as all foreign corporations carrying on business in Australia must register with ASIC.

When do I need to report?

Annual Reporting Period First reporting period Original due date for a MSS New extended deadline
1 July – 30 June 1 July 2019 – 30 June 2020 No later than 31 December 2020 31 March 2021
1 January – 31 December 1 January 2020 – 31 December 2020 No later than 30 June 2021 No change
1 April – 31 March 1 April 2019 – 31 March 2020 No later than 30 September 2020 31 December 2020

For further information HIA members can contact your Workplace Adviser on 1300 650 620 or view the ‘Guidance for Reporting entities’ published by the Department of Home Affairs.

This fact sheet is part of a series on modern slavery reporting requirements aimed at assisting members understand the requirements. More information is set out in:

Previous pageOverview | Fact sheet 1 | Fact sheet 2 | Fact sheet 3 | Fact sheet 4 | Fact sheet 5 | Next

Each fact sheet is available to download as a pdf below:

#1 Modern Slavery Reporting Requirements - Overview 

#2 Modern Slavery Reporting Requirements – Do I need to report?

#3 Modern Slavery Reporting Requirements – Mandatory Criteria 1 & 2

#4 Modern Slavery Reporting Requirements – Mandatory Criteria 3

#5 Modern Slavery Reporting Requirements – Mandatory Criteria 4

#6 Modern Slavery Reporting Requirements – Mandatory Criteria 5