GPA/LEGIS/AUS/ 8 
 
2 November  2023 
(23-7403) Page: 1/2 
Committee on Government Procurement  Original: English  
 
NOTIFICATION OF DOMESTIC LEGISLATION  RELEVANT TO THE  
AGREEMENT ON GOVERNMENT PROCUREMENT  2012  
NOTIFICATION FROM AUSTRALIA  
The following notification, dated 26 October 2023 , is being circulated at the request of the Delegation 
of Australia.  
 
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Notifying 
Party  AUSTRALIA  
Legal Basis   Article XXII:5 of the GPA  2012 
 Committee's Decision on notification requirements under Articles XIX and XXII:5 
of the GPA 2012 (GPA/113 , Annex A of Appendix 2, para 1)  
Title of the 
notified 
legal text  Modern Slavery Act 2018 (NSW) , including amendments to Public Works and 
Procurement Act 1912 (NSW), Part 11  
Link to legal 
text Modern Slavery Act 2018 (NSW) : 
• https://members.wto.org/crnattachments/2023/GPA/AUS/23_13272_00_e.pdf  
• https://legislation.nsw.gov.au/view/whole/html/inforce/current/act -2018-
030#statusinformation  
 
Public Works and Procurement Act 1912 (NSW), Part 11 : 
• https://members.wto.org/crnattachments/2023/GPA/AUS/23_13272_01_e.pdf  
• https://legislation.nsw.gov.au/view/whole/html/inforce/current/act -1912-
045#pt.11  
Notification 
status   First notification (i.e. new domestic legislation)  
 Change, a mendment or revision to notified legal text  
 Replacement or consolidation of notified legal text(s)  
Previous 
notification 
referred to  N.a. 
Brief description of the notified legal text  
 
The Modern Slavery Act 2018  (NSW)  (the Act)  received assent  in June 2018 , but was unable to be 
commenced immediately due to operational  issues . The Modern Slavery Amendment Act 2021 
commenced on assent in November 2021 , and amended the Act to provide for its commencement on 1 
January 2022 .  
 
The Act established  the Anti-slavery Commissioner  (Commissioner) . The Commissioner must regularly 
consult with the NSW Procurement Board to monitor the effectiveness of due diligence procedures in 
place to ensure that goods and services procured by government agencies are not the product of modern 
slavery.  
 GPA/LEGIS/AUS/ 8 
 
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  The Act amended the Public Works and Procurement Act 1912  (NSW) to provide that:  
• the NSW Procurement Board may issue directions or policies regarding reasonable steps that are 
to be taken to ensure that goods and services procured by and for government agencies are not 
the product of modern slavery  (section 175(3)(a1))  
• a NSW Government agency must take reasonable steps to ensure that goods and services 
procured by and for the agency are not the product of modern sl avery  (section 176(1A)) . 
Language(s) 
of notified 
legal text  English  
Date of 
adoption  27 June 2018 (date of assent of Modern Slavery Act 2018 (NSW) ) 
29 November 2021 (date of assent of Modern Slavery Amendment Act 2021 (NSW))  
Entry into 
force  The Modern Slavery Act 2018  (NSW)  commenced on 1 January 2022 . 
Other 
information  These notifications are being made because the Modern Slavery Act (2018) 
commenced operation on 1 January 2022.  
Agency or 
authority 
responsible  The Attorney General (NSW) has portfolio responsibility for the Modern Slavery Act 
2018 (NSW) . 
 
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