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. 55

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