may not be able to claim compensation for Commonwealth offences
under state and territory schemes.302
322. The Commission has encouraged the Australian Government to
strengthen the Modern Slavery Bill 2018 by:
•
including financial penalties for non-compliance with the reporting
criteria
•
providing for a list of reporting entities to be made accessible to the
public
•
making compliance with the reporting requirement a pre-requisite for
participation in Australian Government tender panels for the supply of
goods and services to government agencies
•
establishing an independent oversight mechanism and Anti-Slavery
Commissioner with responsibility for awareness raising, the
development of reporting guidelines, maintenance of the modern
slavery statement register and oversight of compliance including
pursuing penalties for non-compliance.303
Recommendation 45: The Australian Government develops a federal
victims compensation scheme for victims of trafficking, slavery and
slavery-like conditions, including children.
(b)
Surrogacy arrangements
323. Commercial surrogacy is prohibited under state and territory laws in all
jurisdictions, except the Northern Territory, where no surrogacy laws are
in place.304 New South Wales, the Australian Capital Territory and
Queensland extend their prohibition on commercial surrogacy to
arrangements entered into by their residents outside Australia.305 With the
exception of those extraterritorial prohibitions, there is currently no
regulation by Australia in relation to international surrogacy arrangements
(whether altruistic or commercial).306
324. The Commission notes that difficulties in accessing lawful altruistic
surrogacy arrangements in Australia have contributed to a number of
people travelling overseas for surrogacy.307 Almost all cases where
Australians enter into a surrogacy arrangement overseas involve
commercial arrangements.308 These unregulated arrangements raise
concerns about child trafficking and wellbeing.
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