List of Recommendations

Recommendation 1

5.6

The committee recommends that the Customs Act 1901 and/or other relevant legislation be amended to prohibit the import of any goods made wholly or in part with forced labour, regardless of geographic origin.

Recommendation 2

5.10

The committee recommends that the government should consider taking steps to empower the Australian Border Force to be able to issue rebuttable presumptions for specific goods, companies and/or regions with particularly high risk of being associated with forced labour.

The committee recommends that, once the issuance of such orders is possible, the Australian Border Force should immediately consider issuing an order, at a minimum, for cotton sourced from Xinjiang.

Recommendation 3

5.12

The committee recommends the government consider amending the Commonwealth Procurement Rules to include a requirement on due diligence with regards to the possibility of exposure to forced labour and encourages state, territory and local governments and their various business enterprises to do likewise.

Recommendation 4

5.18

In crafting provisions to prohibit the import of goods produced by forced labour, the committee recommends the government give due consideration to adequate resourcing for the Australia Border Force to conduct investigations in support of those provisions.

Recommendation 5

5.20

The committee recommends that the Home Affairs portfolio establish a working group to examine the role emerging technologies can play in tracing the geographical origin of products and raw materials.

Recommendation 6

5.23

The committee recommends the government establish and maintain a list of products or companies considered to be at high-risk of being produced by forced labour.

Recommendation 7

5.25

The committee recommends the government, where feasible, publish Integrated Cargo System data online.

Recommendation 8

5.27

The committee recommends the relevant government departments coordinate closely with counterparts in likeminded countries, in particular Canada, the United Kingdom and the United States, both to ensure policy consistency and to ensure Australia can benefit from the practical implementation lessons learned by those countries.

Recommendation 9

5.34

The committee recommends that the government explore with likeminded States the possibility of introducing a resolution condemning the situation in Xinjiang at the 76th session of the Third Committee of the General Assembly in 2021.

Recommendation 10

5.37

Recalling the recommendation of the References Committee in its report on Issues facing diaspora communities in Australia, the committee recommends that the Department of Foreign Affairs and Trade explore options to better leverage the experience and expertise in Australia's diaspora communities.1

Recommendation 11

5.41

The committee recommends that the government initiate the review of the Modern Slavery Act 2018 as soon as possible following the conclusion of the first reporting cycle on 30 June 2021.

Recommendation 12

5.42

The committee recommends that the review of the Modern Slavery Act 2018 considers provisions for its strengthening and broadening, together with the establishment of an independent body to oversee and enforce its implementation.

Recommendation 13

5.44

The committee supports the work and recommendations of the Joint Standing Committee on Foreign Affairs, Defence and Trade, Human Rights Sub-committee on the use of targeted sanctions to address gross human rights abuses and echoes its recommendation that the government 'enact stand alone targeted sanctions legislation to address human rights violations and corruption similar to the United States' Magnistky Act 2012'.2

Recommendation 14

5.46

The committee recommends the government explore introducing guidelines to assist Australian businesses to avoid sourcing products from forced labour.

1

Senate Foreign Affairs, Defence and Trade References Committee, Issues facing diaspora communities in Australia, February 2021, p. 126.
2

Joint Standing Committee On Foreign Affairs, Defence and Trade, Criminality, corruption and impunity: should Australia join the Global Magnitsky movement?, December 2020, p. xxi.

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