New South Wales Consolidated Acts

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MODERN SLAVERY ACT 2018 - SECT 5

Definitions

5 Definitions

(1) In this Act:

"Commissioner" means the Anti-slavery Commissioner appointed under Part 2.

"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

"forced labour" has the meaning it has in section 270.6 of the Commonwealth Criminal Code.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"government agency" means any of the following:
(a) a government sector agency (within the meaning of the Government Sector Employment Act 2013 ),
(b) a NSW Government agency,
(c) a State owned corporation,
(d) a company incorporated under the Corporations Act 2001 of the Commonwealth of which one or more shareholders are a Minister of the Crown,
(e) a council, county council or joint organisation within the meaning of the Local Government Act 1993 ,
(f) any other public or local authority that is constituted by or under an Act or that exercises public functions,
(g) any public or local authority that is constituted by an Act of another jurisdiction that exercises public functions.

"modern slavery" includes the following:
(a) any conduct constituting a modern slavery offence,
(b) any conduct involving the use of any form of slavery, servitude or forced labour to exploit children or other persons taking place in the supply chains of government agencies or non-government agencies.

"Modern Slavery Committee" means the joint committee called the Modern Slavery Committee constituted under this Act.

"modern slavery offence" means the following:
(a) an offence listed in Schedule 2,
(b) an offence of attempting, or of incitement, to commit an offence listed in Schedule 2,
(c) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be a modern slavery offence.

"modern slavery risk order" means an order made under Part 4.

"non-government agency" includes any commercial or non-commercial body or organisation in this or any other jurisdiction.

"Presiding Officer" means the President of the Legislative Council or the Speaker of the Legislative Assembly. However:
(a) if there is a vacancy in the office of President, the reference to the President is a reference to the Clerk of the Legislative Council, or
(b) if there is a vacancy in the office of Speaker, the reference to the Speaker is a reference to the Clerk of the Legislative Assembly.

"servitude" has the meaning it has in section 270.4 of the Commonwealth Criminal Code.

"slavery" has the meaning it has in section 270.1 of the Commonwealth Criminal Code.

"strategic plan" --see section 11.
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.



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