Ban of Importation of Goods Produced by child Labour
Current Progress (as of 20 September 2024):
The Committee has recommended that the Bill does not proceed.
The Bill was problematic because of the unclear definition of “child labour”. Enforceability would be near impossible.
Other countries have approached it by banning goods made with FORCED labour (both adult and child)
Globally, all stakeholders share responsibility to eradicate modern slavery. By banning the importation of goods produced by child labour, Australia can help reduce demand for products that are produced using it.
As such, a Bill was introduced in the Senate on 29 November 2023 to ban the importation of goods produced with child labour.
Some countries have moved to ban importation of goods produced using forced labour (both adult and child).
United States of America
The US has mechanisms which use a ‘rebuttable presumption’ approach to enforce US laws to stop the entry of goods produced with forced labour and indentured child labour.22 The purpose of such legislation is said to be to create a level playing field for US businesses using ethical practices in their supply chains and procurement. The US Uyghur Forced Labor Prevention Act (2021) specifically imposes importation limits on goods produced using forced labour in China, especially the Xinjiang Uyghur Autonomous Region. Customs and Border Protection (CBP) implements Section 307 of the Tariff Act of 1930 (19 U.S.C. §1307) through issuance of Withhold Release Orders (WRO) for any product suspected of using forced or child labour. In FY2024, 2831 shipments were seized.
European Union
On 23 April 2024, the EU reached an agreement on an EU’s Forced Labour Regulation (EU FLR).23 Under this legislation, products made with forced labour (including forced child labour) will be banned from the EU market. Member state authorities and the European Commission will be able to investigate suspicious goods, supply chains, and manufacturers. If a product is deemed to have been made using forced labour (including child labour), it will no longer be possible to sell it on the EU market (including online) and shipments will be intercepted at the EU’s borders.
United Kingdom
A legal petition has been filed under the UK Global Human Rights Sanctions Law (GHR) to implement sanctions against seven Chinese seafood processing companies allegedly using forced labour. (4 March 2024)
This led to the following Recommendations:
Amend the Australian Customs Act 1901 to prohibit the import of services and goods made wholly or in part with forced labour (including forced child labour)
Empower the Australian Border Force to be able to issue 'rebuttable presumptions' for specific goods, companies and/or regions identified by the government has having a high risk of being associated with forced labour
Amend the Modern Slavery Act (Cth 2018) to provide that the Minister or the Anti- Slavery Commissioner make a written declaration of the jurisdictions, products and services regarded as carrying a high modern slavery (including forced labour and forced child labour) risk25
See the submission below