{"id":"F2021L00318","name":"Export Control (Wood and Woodchips) Rules 2021","slug":"export-control-wood-and-woodchips-rules-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101509,"registerId":"commonwealth-F2021L00318-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1‑1 Name","sectionType":"section","heading":"1‑1 Name","content":"#### 1‑1 Name\n\n This instrument is the Export Control (Wood and Woodchips) Rules 2021.","sortOrder":1},{"sectionNumber":"1‑3 Authority","sectionType":"section","heading":"1‑3 Authority","content":"#### 1‑3 Authority\n\n This instrument is made under the Export Control Act 2020.","sortOrder":2},{"sectionNumber":"1‑4 Application of this instrument","sectionType":"section","heading":"1‑4 Application of this instrument","content":"#### 1‑4 Application of this instrument\n\n This instrument does not limit the operation of a provision of the Export Control (Plants and Plant Products) Rules 2021 that applies in relation to goods that are prescribed goods under section 2‑1 of this instrument.\n\n> Note 1: Prescribed wood or woodchips (for example, wood in the round) may be a prescribed plant product under the Export Control (Plants and Plant Products) Rules 2021. The export of the wood would be subject to the prescribed export conditions for that product under that instrument in addition to any requirement for the exporter to hold a wood export licence to export the wood under this instrument.\n\n> Note 2: Wood or woodchips that are taken not to be prescribed wood or woodchips under section 2‑2 of this instrument may still be a prescribed plant product under the Export Control (Plants and Plant Products) Rules 2021. The export of the wood or woodchips would be subject to the prescribed export conditions for that product under that instrument.","sortOrder":3},{"sectionNumber":"1‑5 Simplified outline of this instrumen","sectionType":"section","heading":"1‑5 Simplified outline of this instrument","content":"#### 1‑5 Simplified outline of this instrument\n\nGeneral\n\nThis instrument prescribes matters and makes other provision in relation to certain wood and woodchips (prescribed wood and woodchips) for the purposes of the Export Control Act 2020 (the Act).\n\nPrescribed wood or woodchips must not be exported from Australian territory unless the conditions prescribed by this instrument (prescribed export conditions) are complied with. A person may commit an offence or be liable to a civil penalty if prescribed wood or woodchips are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).\n\nThis instrument prescribes other matters and makes other provision in relation to the export of wood and woodchips, including in relation to the following:\n\n(a) government certificates;\n\n(b) State codes of practice;\n\n(c) wood export licences;\n\n(d) records.\n\nStructure of this instrument and Chapter numbering\n\nThis instrument is arranged in Chapters that have the same number and name as the corresponding Chapters in the Act. For example, the provisions of this instrument that are made for the purposes of Chapter 2—Exporting goods of the Act are included in Chapter 2—Exporting goods of this instrument. This means there are gaps in the Chapter numbering because there are no provisions for the purposes of some Chapters of the Act.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Interpretation","content":"## Part 2—Interpretation","sortOrder":5},{"sectionNumber":"1‑6 Definitions","sectionType":"section","heading":"1‑6 Definitions","content":"#### 1‑6 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Australian law;\n (b) Australian territory;\n (c) export;\n (d) export licence;\n (e) export operations;\n (f) Regulatory Powers Act.\n In this instrument:\n\n> Act means the Export Control Act 2020, and includes:\n\n (a) legislative instruments made under the Export Control Act 2020; and\n (b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.\n\n> approved code of practice, for a State, means:\n\n (a) a code of practice approved for that State under subsection 2‑7(1); or\n (b) an amended code of practice for that State approved under subsection 2‑9(2) or 2‑10(2), or taken to be approved under subsection 2‑11(2).\n\n> biodiversity has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> code of practice, for a State, means the practices adopted in that State for the establishment, management and harvesting of all plantations in that State, whether or not those practices are contained in a single document.\n\n> Commonwealth Heritage place has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> consignment, of wood or woodchips, means a quantity of wood or woodchips assembled at the same place and intended for export at the same time to the same country.\n\n> declared Ramsar wetland has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> declared World Heritage property has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> designated place means any of the following:\n\n (a) a place with indigenous heritage values;\n (b) a declared World Heritage property;\n (c) a declared Ramsar wetland;\n (d) a National Heritage place;\n (e) a Commonwealth Heritage place;\n (f) an area where the biodiversity of a forest is protected by an Australian law.\n\n> exporter of prescribed wood or woodchips means:\n\n (a) the applicant for a wood export licence for the wood or woodchips; or\n (b) if a wood export licence has been issued for the wood or woodchips—the holder of the export licence.\n\n> indigenous heritage value of a place has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> management arrangement has the meaning given by section 1‑7.\n\n> National Heritage place has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> national plantation principles means the document titled Forest Practices Related to Wood Production in Plantations: National Principles, prepared by the Ministerial Council of Forestry, Fisheries and Aquaculture, published in March 1996, as that document exists at the commencement of this instrument.\n\n> Note: The document could in 2021 be viewed on the Department’s website (http://www.awe.gov.au).\n\n> non‑prescribed wood or woodchips means wood or woodchips that are not prescribed goods under Division 1 of Part 1 of Chapter 2.\n\n> plantation means an intensively managed stand of trees of either Australian native or exotic species that is created by the regular placement of seedlings or seed.\n\n> prescribed wood and woodchips means wood and woodchips that are prescribed goods under Division 1 of Part 1 of Chapter 2.\n\n> prescribed wood or woodchips means wood or woodchips that are prescribed goods under Division 1 of Part 1 of Chapter 2.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> wood export licence means an export licence granted to a person to carry out export operations in relation to prescribed wood or woodchips.","sortOrder":6},{"sectionNumber":"1‑7 Meaning of management arrangement","sectionType":"section","heading":"1‑7 Meaning of management arrangement","content":"#### 1‑7 Meaning of management arrangement\n\n (1) A management arrangement is:\n (a) a law of a State; or\n (b) a code of practice, management plan or other instrument that:\n (i) is made by a State body; and\n (ii) regulates forestry operations in that State;\n to the extent that the law, code of practice, management plan or other instrument relates to the protection of one or more designated places or the protection of the environment.\n\n> Note: Examples of protection of the environment are protection of old growth forests, wilderness or endangered species.\n\n (2) In this section:\n\n> forestry operations has the meaning given by subsection 40(2) of the Environment Protection and Biodiversity Conservation Act 1999.\n\nChapter 2—Exporting goods","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Prescribed goods","content":"Chapter 1—Preliminary\n\n## Part 1—Preliminary\n\n#### 1‑1 Name\n\n This instrument is the Export Control (Wood and Woodchips) Rules 2021.\n\n#### 1‑3 Authority\n\n This instrument is made under the Export Control Act 2020.\n\n#### 1‑4 Application of this instrument\n\n This instrument does not limit the operation of a provision of the Export Control (Plants and Plant Products) Rules 2021 that applies in relation to goods that are prescribed goods under section 2‑1 of this instrument.\n\n> Note 1: Prescribed wood or woodchips (for example, wood in the round) may be a prescribed plant product under the Export Control (Plants and Plant Products) Rules 2021. The export of the wood would be subject to the prescribed export conditions for that product under that instrument in addition to any requirement for the exporter to hold a wood export licence to export the wood under this instrument.\n\n> Note 2: Wood or woodchips that are taken not to be prescribed wood or woodchips under section 2‑2 of this instrument may still be a prescribed plant product under the Export Control (Plants and Plant Products) Rules 2021. The export of the wood or woodchips would be subject to the prescribed export conditions for that product under that instrument.\n\n#### 1‑5 Simplified outline of this instrument\n\nGeneral\n\nThis instrument prescribes matters and makes other provision in relation to certain wood and woodchips (prescribed wood and woodchips) for the purposes of the Export Control Act 2020 (the Act).\n\nPrescribed wood or woodchips must not be exported from Australian territory unless the conditions prescribed by this instrument (prescribed export conditions) are complied with. A person may commit an offence or be liable to a civil penalty if prescribed wood or woodchips are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).\n\nThis instrument prescribes other matters and makes other provision in relation to the export of wood and woodchips, including in relation to the following:\n\n(a) government certificates;\n\n(b) State codes of practice;\n\n(c) wood export licences;\n\n(d) records.\n\nStructure of this instrument and Chapter numbering\n\nThis instrument is arranged in Chapters that have the same number and name as the corresponding Chapters in the Act. For example, the provisions of this instrument that are made for the purposes of Chapter 2—Exporting goods of the Act are included in Chapter 2—Exporting goods of this instrument. This means there are gaps in the Chapter numbering because there are no provisions for the purposes of some Chapters of the Act.\n\n## Part 2—Interpretation\n\n#### 1‑6 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Australian law;\n (b) Australian territory;\n (c) export;\n (d) export licence;\n (e) export operations;\n (f) Regulatory Powers Act.\n In this instrument:\n\n> Act means the Export Control Act 2020, and includes:\n\n (a) legislative instruments made under the Export Control Act 2020; and\n (b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.\n\n> approved code of practice, for a State, means:\n\n (a) a code of practice approved for that State under subsection 2‑7(1); or\n (b) an amended code of practice for that State approved under subsection 2‑9(2) or 2‑10(2), or taken to be approved under subsection 2‑11(2).\n\n> biodiversity has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> code of practice, for a State, means the practices adopted in that State for the establishment, management and harvesting of all plantations in that State, whether or not those practices are contained in a single document.\n\n> Commonwealth Heritage place has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> consignment, of wood or woodchips, means a quantity of wood or woodchips assembled at the same place and intended for export at the same time to the same country.\n\n> declared Ramsar wetland has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> declared World Heritage property has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> designated place means any of the following:\n\n (a) a place with indigenous heritage values;\n (b) a declared World Heritage property;\n (c) a declared Ramsar wetland;\n (d) a National Heritage place;\n (e) a Commonwealth Heritage place;\n (f) an area where the biodiversity of a forest is protected by an Australian law.\n\n> exporter of prescribed wood or woodchips means:\n\n (a) the applicant for a wood export licence for the wood or woodchips; or\n (b) if a wood export licence has been issued for the wood or woodchips—the holder of the export licence.\n\n> indigenous heritage value of a place has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> management arrangement has the meaning given by section 1‑7.\n\n> National Heritage place has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> national plantation principles means the document titled Forest Practices Related to Wood Production in Plantations: National Principles, prepared by the Ministerial Council of Forestry, Fisheries and Aquaculture, published in March 1996, as that document exists at the commencement of this instrument.\n\n> Note: The document could in 2021 be viewed on the Department’s website (http://www.awe.gov.au).\n\n> non‑prescribed wood or woodchips means wood or woodchips that are not prescribed goods under Division 1 of Part 1 of Chapter 2.\n\n> plantation means an intensively managed stand of trees of either Australian native or exotic species that is created by the regular placement of seedlings or seed.\n\n> prescribed wood and woodchips means wood and woodchips that are prescribed goods under Division 1 of Part 1 of Chapter 2.\n\n> prescribed wood or woodchips means wood or woodchips that are prescribed goods under Division 1 of Part 1 of Chapter 2.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> wood export licence means an export licence granted to a person to carry out export operations in relation to prescribed wood or woodchips.\n\n#### 1‑7 Meaning of management arrangement\n\n (1) A management arrangement is:\n (a) a law of a State; or\n (b) a code of practice, management plan or other instrument that:\n (i) is made by a State body; and\n (ii) regulates forestry operations in that State;\n to the extent that the law, code of practice, management plan or other instrument relates to the protection of one or more designated places or the protection of the environment.\n\n> Note: Examples of protection of the environment are protection of old growth forests, wilderness or endangered species.\n\n (2) In this section:\n\n> forestry operations has the meaning given by subsection 40(2) of the Environment Protection and Biodiversity Conservation Act 1999.\n\nChapter 2—Exporting goods\n\n## Part 1—Goods\n\n### Division 1—Prescribed goods\n\n#### 2‑1 Wood and woodchips that are prescribed goods\n\n (1) For the purposes of subsection 28(1) of the Act and subject to subsection (2) of this section, the following goods are prescribed for the purposes of the Act:\n (a) woodchips;\n (b) wood in the round;\n (c) wood with a cross‑sectional area of at least 225 square centimetres.\n (2) Wood or woodchips are not prescribed for the purposes of subsection 28(1) of the Act if the wood or woodchips are derived from trees sourced from a plantation in a State for which there is an approved code of practice.\n\n> Note: Processed and unprocessed wood (including woodchips) sourced from a region covered by a Regional Forest Agreement within the meaning of the Regional Forest Agreements Act 2002 (not including wood sourced from a plantation in a State unless there is an approved code of practice for that State) is non‑prescribed goods (see subsection 6(1) of the Regional Forest Agreements Act 2002, the definition of RFA wood in section 4 of that Act and the definition of non‑prescribed goods in section 12 of the Export Control Act 2020).\n\n#### 2‑2 Wood and woodchips that are taken not to be prescribed goods\n\n For the purposes of subsection 28(4) of the Act, wood and woodchips covered by subsection 2‑1(1) of this instrument are taken not to be prescribed wood or woodchips if:\n (a) the wood or woodchips are to be exported in a consignment:\n (i) of not more than 2 tonnes; or\n (ii) that includes not more than 2 tonnes of wood or woodchip; or\n (b) the wood or woodchips are derived from trees harvested outside Australian territory.\n\n### Division 2—Prohibited export and prescribed export conditions\n\n#### 2‑3 Purpose and application of this Division\n\n (1) This Division is made for the purposes of section 29 of the Act.\n (2) This Division applies in relation to prescribed wood and woodchips.\n\n> Note 1: See Division 1 of this Part in relation to goods that are prescribed wood and woodchips.\n\n> Note 2: Wood and woodchips are taken not to be prescribed wood or woodchips in the circumstances prescribed by section 2‑2 of this instrument (see the definition of prescribed goods in section 12 of the Act).\n\n#### 2‑4 Export of prescribed wood or woodchips is prohibited unless prescribed conditions are complied with\n\n The export from Australian territory of prescribed wood or woodchips is prohibited unless:\n (a) the exporter of the prescribed wood or woodchips holds a wood export licence to carry out operations to export the wood or woodchips; and\n (b) the wood export licence is in force and not suspended at the time the wood or woodchips are exported.\n\n> Note 1: Other conditions will apply in addition to the conditions in this section if the prescribed wood or woodchips are a prescribed plant product under the Export Control (Plants and Plant Products) Rules 2021. The export of the wood or woodchips would also be subject to export conditions prescribed by that instrument.\n\n> Note 2: A person may commit an offence or be liable to a civil penalty if prescribed goods are exported in contravention of a prescribed export condition (see Division 4 of Part 1 of Chapter 2 of the Act).\n\n> Note 3: A person may commit an offence or be liable to a civil penalty if export operations covered by a wood export licence are carried out after the licence has been revoked (see section 215 of the Act).\n\n## Part 2—Government certificates\n\n#### 2‑5 Government certificate may be issued in relation to wood or woodchips\n\n For the purposes of subsections 62(1) and (2) of the Act, a government certificate may be issued in relation to wood or woodchips that are to be, or that have been, exported.\n\n> Note 1: Grounds for the issuing body to refuse to issue a government certificate in relation to wood or woodchips are provided by paragraphs 67(3)(a) to (f) of the Act.\n\n> Note 2: An exporter who applies for a government certificate in relation to wood or woodchips must retain certain records for at least 5 years (see section 11‑4 of this instrument).\n\n## Part 3—State codes of practice\n\n#### 2‑6 State may request approval of code of practice\n\n A State may request the Minister, in writing, to approve a code of practice for the State.\n\n#### 2‑7 Approval of code of practice\n\n (1) If the Minister receives a request from a State under section 2‑6, the Minister may, by notifiable instrument, approve the code of practice to which the request relates.\n (2) The Minister may approve a code of practice for a State under subsection (1) only if subsection (3) or (4) applies.\n (3) This subsection applies if the Minister is satisfied that the code of practice for the State would satisfactorily protect environmental and heritage values in the State.\n (4) This subsection applies if:\n (a) the Minister is satisfied that the code of practice for the State would substantially protect environmental and heritage values in the State; and\n (b) the State enters into a written agreement with the Commonwealth to:\n (i) by a date specified in the agreement, amend the code of practice to ensure that it would satisfactorily protect those values; and\n (ii) advise the Commonwealth, in writing, when the amendments have been made.\n (5) For the purposes of subsection (3) or (4), in considering whether a code of practice for a State would satisfactorily or substantially protect environmental and heritage values in the State, the Minister must have regard to the findings of a scientific assessment of the code of practice prepared under the direction of the Secretary and based on the national plantation principles.\n\n> Note: In exercising a power under this Part, preference must not be given to one State, or part of a State, over another State or part of another State (see section 99 of the Constitution).\n\n#### 2‑8 Approval must state date of effect\n\n The instrument of approval of a code of practice for a State under subsection 2‑7(1) must state the date of commencement of the approval.\n\n#### 2‑9 Approval of amendments (other than minor amendments) of approved code of practice\n\n (1) If a State wishes to amend an approved code of practice for the State (other than by making minor amendments covered by section 2‑11), the State must request the Minister, in writing, to approve the code of practice as amended.\n (2) The Minister may, by notifiable instrument, approve the code of practice for the State as amended only if subsection 2‑7(3) or (4) applies to the code of practice as amended.\n\n#### 2‑10 Minister may require amendment of code of practice\n\n (1) The Minister may, by written notice, require a State to amend an approved code of practice for the State.\n (2) If the Minister is satisfied that the State has amended the code of practice as required under subsection (1), the Minister must, by notifiable instrument, approve the code of practice as amended.\n\n#### 2‑11 State may make minor amendment of approved code of practice\n\n (1) A State may make a minor amendment of an approved code of practice for the State.\n (2) If a State makes a minor amendment of an approved code of practice for the State:\n (a) the State must give a copy of the code of practice as amended to the Secretary; and\n (b) the code of practice as amended is taken to be approved by the Minister.\n (3) For the purposes of this section, a minor amendment of an approved code of practice for a State is an amendment that does not change the substance of the code of practice.\n\n> Note: Examples: Minor corrections to improve technical effectiveness, omission of redundant provisions, corrections of typographical errors, amendments to update references to a law.\n\n#### 2‑12 Minister may revoke approval of code of practice\n\n (1) The Minister may, by notifiable instrument, revoke the approval of a code of practice for a State if the Minister reasonably believes that the code of practice does not, or will not, satisfactorily protect environmental and heritage values in the State.\n (2) For the purposes of subsection (1), in considering whether a code of practice for a State does not, or will not, satisfactorily protect environmental and heritage values in the State, the Minister must have regard to the findings of a scientific assessment of the code of practice prepared under the direction of the Secretary and based on the national plantation principles.\n (3) The Minister must not revoke the approval of a code of practice for a State under subsection (1) unless the Minister has given a written notice to the State in accordance with subsection (4).\n (4) A notice under subsection (3) must state that the Minister may revoke the approval of the code of practice on a specified date (which must be within a reasonable period after the notice is given), unless the State, by that date, amends the code of practice to ensure that it satisfactorily protects environmental and heritage values in the State.\n\n#### 2‑13 Publication of scientific assessments of approved codes of practice\n\n The Secretary must ensure that the findings of the most recent scientific assessment of an approved code of practice for a State, prepared under the direction of the Secretary and based on the national plantation principles, are published on the Department’s website.\n\n> Note: For the requirement for the Minister to have regard to the findings in approving, or revoking the approval of, a code of practice, see subsections 2‑7(5) and 2‑12(2).\n\nChapter 6—Wood export licences\n\n## Part 1—Requirements for grant of wood export licence\n\n#### 6‑1 Other requirements for grant of wood export licence\n\n (1) For the purposes of paragraph 191(2)(d) of the Act, this section prescribes other requirements that must be met for the grant of a wood export licence.\n\n> Note 1: The requirements provided by paragraphs 191(2)(b) and (c) of the Act must also be met.\n\n> Note 2: It is also a requirement for the grant of a wood export licence that the applicant is a fit and proper person (see paragraph 191(2)(a) of the Act and section 6‑2A of this instrument).\n\n Applicant must make declaration\n (2) The applicant must make a declaration:\n (a) stating that the applicant has complied, and will continue to comply, with the applicable requirements of the following in relation to the export operations and prescribed wood or woodchips to be covered by the licence:\n (i) the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) each management arrangement (if any) that applies to the export operations and prescribed wood or woodchips to be covered by the licence; and\n (b) identifying the designated places (if any):\n (i) where export operations to be covered by the licence are to be carried out; or\n (ii) that would be adversely affected by those operations; and\n (c) if a designated place referred to in paragraph (b) is identified—setting out the measures (if any) that the applicant undertakes to take to protect the designated place.\n Form of declaration etc.\n (3) A declaration under subsection (2):\n (a) must be in a form approved by the Secretary; and\n (b) must be based on the knowledge of the applicant after making reasonable inquiries into the matters declared; and\n (c) must not, to the knowledge of the applicant, be false or misleading; and\n (d) must be signed and dated by the applicant.\n\n> Note: A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 368 and 369 of the Act).\n\n Protection of designated places\n (4) The requirements of the Environment Protection and Biodiversity Conservation Act 1999 that apply to the export operations and prescribed wood or woodchips to be covered by the licence, together with:\n (a) each management arrangement (if any) that applies to the export operations and prescribed wood or woodchips to be covered by the licence; and\n (b) if the declaration made by the applicant under subsection (2) includes an undertaking to take measures to protect a designated place where export operations to be covered by the licence are to be carried out or that would be adversely affected by those operations—those measures;\n must satisfactorily protect the designated place.\n (5) In considering whether the requirement referred to in subsection (4) is met, the Secretary must have regard to:\n (a) the declaration made by the applicant under subsection (2); and\n (b) any information reasonably available to the Secretary in relation to the following:\n (i) the applicant’s history of compliance with the requirements of the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the applicant’s history of compliance with any management arrangement that applies to the export operations and prescribed wood or woodchips to be covered by the licence;\n (iii) each designated place (if any) where export operations to be covered by the licence are to be carried out or that would be adversely affected by those export operations;\n (iv) the economic benefits arising from the export operations to be covered by the licence;\n (v) the impacts, including future impacts, of the export operations to be covered by the licence on local communities.\n\n## Part 2—Conditions of wood export licence\n\n#### 6‑2 Conditions of wood export licence\n\n (1) For the purposes of paragraph 192(1)(b) of the Act, this section prescribes a condition of a wood export licence if the declaration required under subsection 6‑1(2) of this instrument in relation to the application for the licence included an undertaking to take measures to protect the designated places where export operations covered by the licence are to be carried out or that would be adversely affected by those operations.\n (2) The holder of the wood export licence must comply with the undertaking.\n\n> Note 1: The wood export licence is also subject to:\n\n (a) the conditions (if any) specified in the licence under paragraph 192(1)(c) of the Act; and\n (b) the condition that the holder of the licence must comply with any directions given from time to time to the holder under section 222 of the Act (see subsection 222(4) of the Act).\n\n> Note 2: The holder of the wood export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 217 of the Act).\n\n## Part 2A—Fit and proper persons\n\n#### 6‑2A Kinds of persons who are required to be fit and proper persons\n\n For the purposes of subsection 373(1) of the Act, the following kinds of persons are required, for the purposes of Chapter 6 of the Act (export licences), to be fit and proper persons (having regard to the matters referred to in section 372 of the Act):\n (a) an applicant for a wood export licence;\n (b) the holder of a wood export licence.\n\n> Note: For the application of this section, see section 12‑2.\n\n## Part 3—Matters relating to applications\n\n#### 6‑3 Application of this Part\n\n This Part applies in relation to the following applications:\n (a) an application under section 190 of the Act for a wood export licence;\n (b) an application under section 199 of the Act to vary:\n (i) a wood export licence; or\n (ii) the conditions of a wood export licence.\n\n#### 6‑4 Initial consideration period\n\n For the purposes of subsection 379(3) of the Act, the initial consideration period for an application is 30 days.\n\n> Note: The consideration period for an application starts on the day after the day the Secretary receives the application (see subsection 379(4) of the Act).\n\n#### 6‑5 Period within which request relating to application must be complied with\n\n For the purposes of paragraph 379(10)(b) of the Act, the period of 6 months is prescribed.\n\nChapter 10—Compliance and enforcement\n\n#### 10‑1 Samples taken in exercising monitoring or investigation powers\n\n If a sample is taken as permitted by paragraph 327(2)(a) of the Act (additional monitoring power) or subsection 330(2) of the Act (additional investigation power), the sample must be:\n (a) identified with a mark or a tag; and\n (b) kept in the custody or control of an authorised officer until whichever of the following first occurs:\n (i) the sample is destroyed during testing or analysis in accordance with section 412 of the Act;\n (ii) the sample is given to an analyst appointed under section 413 of the Act;\n (iii) the sample is otherwise disposed of.\n\n#### 10‑2 Dealing with things seized in exercising investigation powers\n\n (1) This section applies if:\n (a) premises where export operations are being, or have been, carried out in relation to prescribed wood or woodchips have been entered under an investigation warrant; and\n (b) a thing was seized under the warrant.\n (2) The thing must be:\n (a) identified with a mark or a tag; and\n (b) kept in the custody or control of an authorised officer until whichever of the following first occurs:\n (i) the thing is destroyed or otherwise disposed of in accordance with section 418 of the Act;\n (ii) the thing is returned in accordance with subsection 66(4) of the Regulatory Powers Act;\n (iii) the thing is disposed of in accordance with section 68 of that Act.\n\nChapter 11—Miscellaneous\n\n## Part 1—Records\n\n#### 11‑1 Purpose of this Part\n\n For the purposes of subsections 408(1) and (2) of the Act, this Part makes provision for and in relation to the retention of records in relation to prescribed wood or woodchips.\n\n> Note: A person may commit an offence of strict liability if the person is required to retain a record in accordance with a provision of this Part and the person fails to comply with the requirement (see subsection 408(3) of the Act).\n\n#### 11‑2 General requirements for records\n\n (1) A record that is required to be retained under this Part in relation to wood or woodchips must be:\n (a) in English; and\n (b) if the record was required to be in another language to meet importing country requirements—in that other language; and\n (c) dated; and\n (d) accurate, legible and able to be audited.\n (2) If a person is required to retain a document under this Part, the person is taken to have complied with the requirement if:\n (a) the person is required, under a law of the Commonwealth or a State or in accordance with ordinary commercial practice, to give the document to another person; and\n (b) the person gives the document to the other person as required; and\n (c) the person retains a copy of the document.\n\n#### 11‑3 Government certificates must be retained in secure place\n\n (1) A person to whom a government certificate in relation to wood or woodchips is issued under the Act must retain the certificate in a secure place when it is not being used.\n (2) Subsection (1) does not apply in relation to a government certificate that was issued by electronic means.\n\n#### 11‑4 Records to be retained by exporter\n\n (1) An exporter of prescribed wood or woodchips must retain the following records:\n (a) each application by the exporter for a government certificate in relation to prescribed wood or woodchips;\n (b) each other document:\n (i) that is made by the exporter or that comes into the exporter’s possession; and\n (ii) that is relevant to showing whether the exporter has complied, or is complying, with the applicable requirements of the Act in relation to the export of prescribed wood or woodchips.\n (2) An exporter to whom a government certificate in relation to non‑prescribed wood or woodchips is issued under the Act must retain the following records:\n (a) the application by the exporter for the government certificate;\n (b) each other document:\n (i) that is made by the exporter or that comes into the exporter’s possession; and\n (ii) that is relevant to showing whether the person has complied, or is complying, with the applicable requirements of the Act in relation to the non‑prescribed wood or woodchips in relation to which the government certificate was issued.\n (3) An exporter must retain each record referred to in subsection (1) or (2) for at least 5 years starting on the day the record is made by the exporter or comes into the exporter’s possession (as the case may be).\n\n#### 11‑5 Records must not be altered or defaced during retention period\n\n (1) A record that is retained as required under this Part must not be altered or defaced during the period (the retention period) in which it is required to be retained.\n (2) However, subsection (1) does not prevent notations or markings being made on the record in accordance with ordinary practice.\n (3) If the record (the original record) is altered or defaced during the retention period, the person who is required to retain the original record must also retain, during the retention period, each document:\n (a) that the person creates or that comes into the person’s possession; and\n (b) that shows how the original record was altered or defaced.\n\n## Part 2—Relevant Commonwealth liabilities\n\n#### 11‑6 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid\n\n Purpose of this section\n (1) For the purposes of section 431 of the Act, this section prescribes circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of either of the following provisions of the Act (a relevant provision):\n (a) paragraph 191(2)(b) (grant of export licence);\n (b) paragraph 199(3)(a) (variation of export licence).\n\n> Note: For relevant Commonwealth liability, see section 12 of the Act.\n\n Payment undertaking may be given\n (2) A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a relevant provision if:\n (a) the person, or another person, has given a written undertaking (a payment undertaking) to the Secretary to pay the amount of the relevant Commonwealth liability; and\n (b) the payment undertaking includes a term that the relevant Commonwealth liability is to be reduced by each amount paid in accordance with the undertaking; and\n (c) the Secretary has accepted the payment undertaking, having considered the following matters:\n (i) the financial position of the person who gave the payment undertaking;\n (ii) the nature and likely cost of the export operations to which a decision under the relevant provision relates;\n (iii) whether the person who gave the payment undertaking will be able to comply with the undertaking and, if applicable, meet the cost of the export operations referred to in subparagraph (ii);\n (iv) any other relevant considerations.\n (3) A payment undertaking may be given by a person in relation to:\n (a) a relevant Commonwealth liability of the person; or\n (b) a relevant Commonwealth liability of another person.\n Payment undertaking may relate to 2 or more relevant Commonwealth liabilities\n (4) A single payment undertaking may relate to 2 or more relevant Commonwealth liabilities.\n (5) If:\n (a) a payment undertaking relates to 2 or more relevant Commonwealth liabilities; or\n (b) a person has given 2 or more payment undertakings in relation to different relevant Commonwealth liabilities of the person or of another person;\n the Secretary may determine the order in which payments are to be applied to reduce the outstanding relevant Commonwealth liabilities.\n Variation of payment undertaking\n (6) A payment undertaking may be varied at any time by agreement between the Secretary and the person who gave the undertaking.\n (7) The Secretary may agree to a variation of a payment undertaking if:\n (a) having considered the matters referred to in paragraph (2)(c), the Secretary considers the variation is appropriate; and\n (b) the variation does not reduce the amount of any relevant Commonwealth liability covered by the undertaking that has not been paid.\n\nChapter 12—Transitional provisions\n\n#### 12‑1 State codes of practice\n\n (1) This section applies in relation to a code of practice for a State, within the meaning of the Export Control (Unprocessed Wood) Regulations (as in force immediately before the commencement time), if:\n (a) the Minister had approved the code of practice under regulation 4B of those Regulations; and\n (b) the approval was in force immediately before the commencement time.\n (2) The approval of the code of practice continues in force as if it had been given under subsection 2‑7(1) of this instrument.\n (3) In this section:\n\n> commencement time means the time when section 3 of the Export Control Act 2020 commences.\n\n#### 12‑2 Transitional provisions relating to the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025\n\n Section 6‑2A of this instrument, as inserted by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025, applies in relation to the following:\n (a) applications for, or in relation to, wood export licences:\n (i) made on or after 1 May 2025; or\n (ii) made before, but not determined by, 1 May 2025; and\n (b) other decisions in relation to wood export licences made on or after 1 May 2025.","sortOrder":9},{"sectionNumber":"2‑1 Wood and woodchips that are prescrib","sectionType":"section","heading":"2‑1 Wood and woodchips that are prescribed goods","content":"#### 2‑1 Wood and woodchips that are prescribed goods\n\n (1) For the purposes of subsection 28(1) of the Act and subject to subsection (2) of this section, the following goods are prescribed for the purposes of the Act:\n (a) woodchips;\n (b) wood in the round;\n (c) wood with a cross‑sectional area of at least 225 square centimetres.\n (2) Wood or woodchips are not prescribed for the purposes of subsection 28(1) of the Act if the wood or woodchips are derived from trees sourced from a plantation in a State for which there is an approved code of practice.\n\n> Note: Processed and unprocessed wood (including woodchips) sourced from a region covered by a Regional Forest Agreement within the meaning of the Regional Forest Agreements Act 2002 (not including wood sourced from a plantation in a State unless there is an approved code of practice for that State) is non‑prescribed goods (see subsection 6(1) of the Regional Forest Agreements Act 2002, the definition of RFA wood in section 4 of that Act and the definition of non‑prescribed goods in section 12 of the Export Control Act 2020).","sortOrder":10},{"sectionNumber":"2‑2 Wood and woodchips that are taken no","sectionType":"section","heading":"2‑2 Wood and woodchips that are taken not to be prescribed goods","content":"#### 2‑2 Wood and woodchips that are taken not to be prescribed goods\n\n For the purposes of subsection 28(4) of the Act, wood and woodchips covered by subsection 2‑1(1) of this instrument are taken not to be prescribed wood or woodchips if:\n (a) the wood or woodchips are to be exported in a consignment:\n (i) of not more than 2 tonnes; or\n (ii) that includes not more than 2 tonnes of wood or woodchip; or\n (b) the wood or woodchips are derived from trees harvested outside Australian territory.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Prohibited export and prescribed export conditions","content":"Chapter 1—Preliminary\n\n## Part 1—Preliminary\n\n#### 1‑1 Name\n\n This instrument is the Export Control (Wood and Woodchips) Rules 2021.\n\n#### 1‑3 Authority\n\n This instrument is made under the Export Control Act 2020.\n\n#### 1‑4 Application of this instrument\n\n This instrument does not limit the operation of a provision of the Export Control (Plants and Plant Products) Rules 2021 that applies in relation to goods that are prescribed goods under section 2‑1 of this instrument.\n\n> Note 1: Prescribed wood or woodchips (for example, wood in the round) may be a prescribed plant product under the Export Control (Plants and Plant Products) Rules 2021. The export of the wood would be subject to the prescribed export conditions for that product under that instrument in addition to any requirement for the exporter to hold a wood export licence to export the wood under this instrument.\n\n> Note 2: Wood or woodchips that are taken not to be prescribed wood or woodchips under section 2‑2 of this instrument may still be a prescribed plant product under the Export Control (Plants and Plant Products) Rules 2021. The export of the wood or woodchips would be subject to the prescribed export conditions for that product under that instrument.\n\n#### 1‑5 Simplified outline of this instrument\n\nGeneral\n\nThis instrument prescribes matters and makes other provision in relation to certain wood and woodchips (prescribed wood and woodchips) for the purposes of the Export Control Act 2020 (the Act).\n\nPrescribed wood or woodchips must not be exported from Australian territory unless the conditions prescribed by this instrument (prescribed export conditions) are complied with. A person may commit an offence or be liable to a civil penalty if prescribed wood or woodchips are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).\n\nThis instrument prescribes other matters and makes other provision in relation to the export of wood and woodchips, including in relation to the following:\n\n(a) government certificates;\n\n(b) State codes of practice;\n\n(c) wood export licences;\n\n(d) records.\n\nStructure of this instrument and Chapter numbering\n\nThis instrument is arranged in Chapters that have the same number and name as the corresponding Chapters in the Act. For example, the provisions of this instrument that are made for the purposes of Chapter 2—Exporting goods of the Act are included in Chapter 2—Exporting goods of this instrument. This means there are gaps in the Chapter numbering because there are no provisions for the purposes of some Chapters of the Act.\n\n## Part 2—Interpretation\n\n#### 1‑6 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Australian law;\n (b) Australian territory;\n (c) export;\n (d) export licence;\n (e) export operations;\n (f) Regulatory Powers Act.\n In this instrument:\n\n> Act means the Export Control Act 2020, and includes:\n\n (a) legislative instruments made under the Export Control Act 2020; and\n (b) the Regulatory Powers Act as it applies in relation to the Export Control Act 2020.\n\n> approved code of practice, for a State, means:\n\n (a) a code of practice approved for that State under subsection 2‑7(1); or\n (b) an amended code of practice for that State approved under subsection 2‑9(2) or 2‑10(2), or taken to be approved under subsection 2‑11(2).\n\n> biodiversity has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> code of practice, for a State, means the practices adopted in that State for the establishment, management and harvesting of all plantations in that State, whether or not those practices are contained in a single document.\n\n> Commonwealth Heritage place has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> consignment, of wood or woodchips, means a quantity of wood or woodchips assembled at the same place and intended for export at the same time to the same country.\n\n> declared Ramsar wetland has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> declared World Heritage property has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> designated place means any of the following:\n\n (a) a place with indigenous heritage values;\n (b) a declared World Heritage property;\n (c) a declared Ramsar wetland;\n (d) a National Heritage place;\n (e) a Commonwealth Heritage place;\n (f) an area where the biodiversity of a forest is protected by an Australian law.\n\n> exporter of prescribed wood or woodchips means:\n\n (a) the applicant for a wood export licence for the wood or woodchips; or\n (b) if a wood export licence has been issued for the wood or woodchips—the holder of the export licence.\n\n> indigenous heritage value of a place has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> management arrangement has the meaning given by section 1‑7.\n\n> National Heritage place has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.\n\n> national plantation principles means the document titled Forest Practices Related to Wood Production in Plantations: National Principles, prepared by the Ministerial Council of Forestry, Fisheries and Aquaculture, published in March 1996, as that document exists at the commencement of this instrument.\n\n> Note: The document could in 2021 be viewed on the Department’s website (http://www.awe.gov.au).\n\n> non‑prescribed wood or woodchips means wood or woodchips that are not prescribed goods under Division 1 of Part 1 of Chapter 2.\n\n> plantation means an intensively managed stand of trees of either Australian native or exotic species that is created by the regular placement of seedlings or seed.\n\n> prescribed wood and woodchips means wood and woodchips that are prescribed goods under Division 1 of Part 1 of Chapter 2.\n\n> prescribed wood or woodchips means wood or woodchips that are prescribed goods under Division 1 of Part 1 of Chapter 2.\n\n> State includes the Australian Capital Territory and the Northern Territory.\n\n> wood export licence means an export licence granted to a person to carry out export operations in relation to prescribed wood or woodchips.\n\n#### 1‑7 Meaning of management arrangement\n\n (1) A management arrangement is:\n (a) a law of a State; or\n (b) a code of practice, management plan or other instrument that:\n (i) is made by a State body; and\n (ii) regulates forestry operations in that State;\n to the extent that the law, code of practice, management plan or other instrument relates to the protection of one or more designated places or the protection of the environment.\n\n> Note: Examples of protection of the environment are protection of old growth forests, wilderness or endangered species.\n\n (2) In this section:\n\n> forestry operations has the meaning given by subsection 40(2) of the Environment Protection and Biodiversity Conservation Act 1999.\n\nChapter 2—Exporting goods\n\n## Part 1—Goods\n\n### Division 1—Prescribed goods\n\n#### 2‑1 Wood and woodchips that are prescribed goods\n\n (1) For the purposes of subsection 28(1) of the Act and subject to subsection (2) of this section, the following goods are prescribed for the purposes of the Act:\n (a) woodchips;\n (b) wood in the round;\n (c) wood with a cross‑sectional area of at least 225 square centimetres.\n (2) Wood or woodchips are not prescribed for the purposes of subsection 28(1) of the Act if the wood or woodchips are derived from trees sourced from a plantation in a State for which there is an approved code of practice.\n\n> Note: Processed and unprocessed wood (including woodchips) sourced from a region covered by a Regional Forest Agreement within the meaning of the Regional Forest Agreements Act 2002 (not including wood sourced from a plantation in a State unless there is an approved code of practice for that State) is non‑prescribed goods (see subsection 6(1) of the Regional Forest Agreements Act 2002, the definition of RFA wood in section 4 of that Act and the definition of non‑prescribed goods in section 12 of the Export Control Act 2020).\n\n#### 2‑2 Wood and woodchips that are taken not to be prescribed goods\n\n For the purposes of subsection 28(4) of the Act, wood and woodchips covered by subsection 2‑1(1) of this instrument are taken not to be prescribed wood or woodchips if:\n (a) the wood or woodchips are to be exported in a consignment:\n (i) of not more than 2 tonnes; or\n (ii) that includes not more than 2 tonnes of wood or woodchip; or\n (b) the wood or woodchips are derived from trees harvested outside Australian territory.\n\n### Division 2—Prohibited export and prescribed export conditions\n\n#### 2‑3 Purpose and application of this Division\n\n (1) This Division is made for the purposes of section 29 of the Act.\n (2) This Division applies in relation to prescribed wood and woodchips.\n\n> Note 1: See Division 1 of this Part in relation to goods that are prescribed wood and woodchips.\n\n> Note 2: Wood and woodchips are taken not to be prescribed wood or woodchips in the circumstances prescribed by section 2‑2 of this instrument (see the definition of prescribed goods in section 12 of the Act).\n\n#### 2‑4 Export of prescribed wood or woodchips is prohibited unless prescribed conditions are complied with\n\n The export from Australian territory of prescribed wood or woodchips is prohibited unless:\n (a) the exporter of the prescribed wood or woodchips holds a wood export licence to carry out operations to export the wood or woodchips; and\n (b) the wood export licence is in force and not suspended at the time the wood or woodchips are exported.\n\n> Note 1: Other conditions will apply in addition to the conditions in this section if the prescribed wood or woodchips are a prescribed plant product under the Export Control (Plants and Plant Products) Rules 2021. The export of the wood or woodchips would also be subject to export conditions prescribed by that instrument.\n\n> Note 2: A person may commit an offence or be liable to a civil penalty if prescribed goods are exported in contravention of a prescribed export condition (see Division 4 of Part 1 of Chapter 2 of the Act).\n\n> Note 3: A person may commit an offence or be liable to a civil penalty if export operations covered by a wood export licence are carried out after the licence has been revoked (see section 215 of the Act).\n\n## Part 2—Government certificates\n\n#### 2‑5 Government certificate may be issued in relation to wood or woodchips\n\n For the purposes of subsections 62(1) and (2) of the Act, a government certificate may be issued in relation to wood or woodchips that are to be, or that have been, exported.\n\n> Note 1: Grounds for the issuing body to refuse to issue a government certificate in relation to wood or woodchips are provided by paragraphs 67(3)(a) to (f) of the Act.\n\n> Note 2: An exporter who applies for a government certificate in relation to wood or woodchips must retain certain records for at least 5 years (see section 11‑4 of this instrument).\n\n## Part 3—State codes of practice\n\n#### 2‑6 State may request approval of code of practice\n\n A State may request the Minister, in writing, to approve a code of practice for the State.\n\n#### 2‑7 Approval of code of practice\n\n (1) If the Minister receives a request from a State under section 2‑6, the Minister may, by notifiable instrument, approve the code of practice to which the request relates.\n (2) The Minister may approve a code of practice for a State under subsection (1) only if subsection (3) or (4) applies.\n (3) This subsection applies if the Minister is satisfied that the code of practice for the State would satisfactorily protect environmental and heritage values in the State.\n (4) This subsection applies if:\n (a) the Minister is satisfied that the code of practice for the State would substantially protect environmental and heritage values in the State; and\n (b) the State enters into a written agreement with the Commonwealth to:\n (i) by a date specified in the agreement, amend the code of practice to ensure that it would satisfactorily protect those values; and\n (ii) advise the Commonwealth, in writing, when the amendments have been made.\n (5) For the purposes of subsection (3) or (4), in considering whether a code of practice for a State would satisfactorily or substantially protect environmental and heritage values in the State, the Minister must have regard to the findings of a scientific assessment of the code of practice prepared under the direction of the Secretary and based on the national plantation principles.\n\n> Note: In exercising a power under this Part, preference must not be given to one State, or part of a State, over another State or part of another State (see section 99 of the Constitution).\n\n#### 2‑8 Approval must state date of effect\n\n The instrument of approval of a code of practice for a State under subsection 2‑7(1) must state the date of commencement of the approval.\n\n#### 2‑9 Approval of amendments (other than minor amendments) of approved code of practice\n\n (1) If a State wishes to amend an approved code of practice for the State (other than by making minor amendments covered by section 2‑11), the State must request the Minister, in writing, to approve the code of practice as amended.\n (2) The Minister may, by notifiable instrument, approve the code of practice for the State as amended only if subsection 2‑7(3) or (4) applies to the code of practice as amended.\n\n#### 2‑10 Minister may require amendment of code of practice\n\n (1) The Minister may, by written notice, require a State to amend an approved code of practice for the State.\n (2) If the Minister is satisfied that the State has amended the code of practice as required under subsection (1), the Minister must, by notifiable instrument, approve the code of practice as amended.\n\n#### 2‑11 State may make minor amendment of approved code of practice\n\n (1) A State may make a minor amendment of an approved code of practice for the State.\n (2) If a State makes a minor amendment of an approved code of practice for the State:\n (a) the State must give a copy of the code of practice as amended to the Secretary; and\n (b) the code of practice as amended is taken to be approved by the Minister.\n (3) For the purposes of this section, a minor amendment of an approved code of practice for a State is an amendment that does not change the substance of the code of practice.\n\n> Note: Examples: Minor corrections to improve technical effectiveness, omission of redundant provisions, corrections of typographical errors, amendments to update references to a law.\n\n#### 2‑12 Minister may revoke approval of code of practice\n\n (1) The Minister may, by notifiable instrument, revoke the approval of a code of practice for a State if the Minister reasonably believes that the code of practice does not, or will not, satisfactorily protect environmental and heritage values in the State.\n (2) For the purposes of subsection (1), in considering whether a code of practice for a State does not, or will not, satisfactorily protect environmental and heritage values in the State, the Minister must have regard to the findings of a scientific assessment of the code of practice prepared under the direction of the Secretary and based on the national plantation principles.\n (3) The Minister must not revoke the approval of a code of practice for a State under subsection (1) unless the Minister has given a written notice to the State in accordance with subsection (4).\n (4) A notice under subsection (3) must state that the Minister may revoke the approval of the code of practice on a specified date (which must be within a reasonable period after the notice is given), unless the State, by that date, amends the code of practice to ensure that it satisfactorily protects environmental and heritage values in the State.\n\n#### 2‑13 Publication of scientific assessments of approved codes of practice\n\n The Secretary must ensure that the findings of the most recent scientific assessment of an approved code of practice for a State, prepared under the direction of the Secretary and based on the national plantation principles, are published on the Department’s website.\n\n> Note: For the requirement for the Minister to have regard to the findings in approving, or revoking the approval of, a code of practice, see subsections 2‑7(5) and 2‑12(2).\n\nChapter 6—Wood export licences\n\n## Part 1—Requirements for grant of wood export licence\n\n#### 6‑1 Other requirements for grant of wood export licence\n\n (1) For the purposes of paragraph 191(2)(d) of the Act, this section prescribes other requirements that must be met for the grant of a wood export licence.\n\n> Note 1: The requirements provided by paragraphs 191(2)(b) and (c) of the Act must also be met.\n\n> Note 2: It is also a requirement for the grant of a wood export licence that the applicant is a fit and proper person (see paragraph 191(2)(a) of the Act and section 6‑2A of this instrument).\n\n Applicant must make declaration\n (2) The applicant must make a declaration:\n (a) stating that the applicant has complied, and will continue to comply, with the applicable requirements of the following in relation to the export operations and prescribed wood or woodchips to be covered by the licence:\n (i) the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) each management arrangement (if any) that applies to the export operations and prescribed wood or woodchips to be covered by the licence; and\n (b) identifying the designated places (if any):\n (i) where export operations to be covered by the licence are to be carried out; or\n (ii) that would be adversely affected by those operations; and\n (c) if a designated place referred to in paragraph (b) is identified—setting out the measures (if any) that the applicant undertakes to take to protect the designated place.\n Form of declaration etc.\n (3) A declaration under subsection (2):\n (a) must be in a form approved by the Secretary; and\n (b) must be based on the knowledge of the applicant after making reasonable inquiries into the matters declared; and\n (c) must not, to the knowledge of the applicant, be false or misleading; and\n (d) must be signed and dated by the applicant.\n\n> Note: A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 368 and 369 of the Act).\n\n Protection of designated places\n (4) The requirements of the Environment Protection and Biodiversity Conservation Act 1999 that apply to the export operations and prescribed wood or woodchips to be covered by the licence, together with:\n (a) each management arrangement (if any) that applies to the export operations and prescribed wood or woodchips to be covered by the licence; and\n (b) if the declaration made by the applicant under subsection (2) includes an undertaking to take measures to protect a designated place where export operations to be covered by the licence are to be carried out or that would be adversely affected by those operations—those measures;\n must satisfactorily protect the designated place.\n (5) In considering whether the requirement referred to in subsection (4) is met, the Secretary must have regard to:\n (a) the declaration made by the applicant under subsection (2); and\n (b) any information reasonably available to the Secretary in relation to the following:\n (i) the applicant’s history of compliance with the requirements of the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the applicant’s history of compliance with any management arrangement that applies to the export operations and prescribed wood or woodchips to be covered by the licence;\n (iii) each designated place (if any) where export operations to be covered by the licence are to be carried out or that would be adversely affected by those export operations;\n (iv) the economic benefits arising from the export operations to be covered by the licence;\n (v) the impacts, including future impacts, of the export operations to be covered by the licence on local communities.\n\n## Part 2—Conditions of wood export licence\n\n#### 6‑2 Conditions of wood export licence\n\n (1) For the purposes of paragraph 192(1)(b) of the Act, this section prescribes a condition of a wood export licence if the declaration required under subsection 6‑1(2) of this instrument in relation to the application for the licence included an undertaking to take measures to protect the designated places where export operations covered by the licence are to be carried out or that would be adversely affected by those operations.\n (2) The holder of the wood export licence must comply with the undertaking.\n\n> Note 1: The wood export licence is also subject to:\n\n (a) the conditions (if any) specified in the licence under paragraph 192(1)(c) of the Act; and\n (b) the condition that the holder of the licence must comply with any directions given from time to time to the holder under section 222 of the Act (see subsection 222(4) of the Act).\n\n> Note 2: The holder of the wood export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 217 of the Act).\n\n## Part 2A—Fit and proper persons\n\n#### 6‑2A Kinds of persons who are required to be fit and proper persons\n\n For the purposes of subsection 373(1) of the Act, the following kinds of persons are required, for the purposes of Chapter 6 of the Act (export licences), to be fit and proper persons (having regard to the matters referred to in section 372 of the Act):\n (a) an applicant for a wood export licence;\n (b) the holder of a wood export licence.\n\n> Note: For the application of this section, see section 12‑2.\n\n## Part 3—Matters relating to applications\n\n#### 6‑3 Application of this Part\n\n This Part applies in relation to the following applications:\n (a) an application under section 190 of the Act for a wood export licence;\n (b) an application under section 199 of the Act to vary:\n (i) a wood export licence; or\n (ii) the conditions of a wood export licence.\n\n#### 6‑4 Initial consideration period\n\n For the purposes of subsection 379(3) of the Act, the initial consideration period for an application is 30 days.\n\n> Note: The consideration period for an application starts on the day after the day the Secretary receives the application (see subsection 379(4) of the Act).\n\n#### 6‑5 Period within which request relating to application must be complied with\n\n For the purposes of paragraph 379(10)(b) of the Act, the period of 6 months is prescribed.\n\nChapter 10—Compliance and enforcement\n\n#### 10‑1 Samples taken in exercising monitoring or investigation powers\n\n If a sample is taken as permitted by paragraph 327(2)(a) of the Act (additional monitoring power) or subsection 330(2) of the Act (additional investigation power), the sample must be:\n (a) identified with a mark or a tag; and\n (b) kept in the custody or control of an authorised officer until whichever of the following first occurs:\n (i) the sample is destroyed during testing or analysis in accordance with section 412 of the Act;\n (ii) the sample is given to an analyst appointed under section 413 of the Act;\n (iii) the sample is otherwise disposed of.\n\n#### 10‑2 Dealing with things seized in exercising investigation powers\n\n (1) This section applies if:\n (a) premises where export operations are being, or have been, carried out in relation to prescribed wood or woodchips have been entered under an investigation warrant; and\n (b) a thing was seized under the warrant.\n (2) The thing must be:\n (a) identified with a mark or a tag; and\n (b) kept in the custody or control of an authorised officer until whichever of the following first occurs:\n (i) the thing is destroyed or otherwise disposed of in accordance with section 418 of the Act;\n (ii) the thing is returned in accordance with subsection 66(4) of the Regulatory Powers Act;\n (iii) the thing is disposed of in accordance with section 68 of that Act.\n\nChapter 11—Miscellaneous\n\n## Part 1—Records\n\n#### 11‑1 Purpose of this Part\n\n For the purposes of subsections 408(1) and (2) of the Act, this Part makes provision for and in relation to the retention of records in relation to prescribed wood or woodchips.\n\n> Note: A person may commit an offence of strict liability if the person is required to retain a record in accordance with a provision of this Part and the person fails to comply with the requirement (see subsection 408(3) of the Act).\n\n#### 11‑2 General requirements for records\n\n (1) A record that is required to be retained under this Part in relation to wood or woodchips must be:\n (a) in English; and\n (b) if the record was required to be in another language to meet importing country requirements—in that other language; and\n (c) dated; and\n (d) accurate, legible and able to be audited.\n (2) If a person is required to retain a document under this Part, the person is taken to have complied with the requirement if:\n (a) the person is required, under a law of the Commonwealth or a State or in accordance with ordinary commercial practice, to give the document to another person; and\n (b) the person gives the document to the other person as required; and\n (c) the person retains a copy of the document.\n\n#### 11‑3 Government certificates must be retained in secure place\n\n (1) A person to whom a government certificate in relation to wood or woodchips is issued under the Act must retain the certificate in a secure place when it is not being used.\n (2) Subsection (1) does not apply in relation to a government certificate that was issued by electronic means.\n\n#### 11‑4 Records to be retained by exporter\n\n (1) An exporter of prescribed wood or woodchips must retain the following records:\n (a) each application by the exporter for a government certificate in relation to prescribed wood or woodchips;\n (b) each other document:\n (i) that is made by the exporter or that comes into the exporter’s possession; and\n (ii) that is relevant to showing whether the exporter has complied, or is complying, with the applicable requirements of the Act in relation to the export of prescribed wood or woodchips.\n (2) An exporter to whom a government certificate in relation to non‑prescribed wood or woodchips is issued under the Act must retain the following records:\n (a) the application by the exporter for the government certificate;\n (b) each other document:\n (i) that is made by the exporter or that comes into the exporter’s possession; and\n (ii) that is relevant to showing whether the person has complied, or is complying, with the applicable requirements of the Act in relation to the non‑prescribed wood or woodchips in relation to which the government certificate was issued.\n (3) An exporter must retain each record referred to in subsection (1) or (2) for at least 5 years starting on the day the record is made by the exporter or comes into the exporter’s possession (as the case may be).\n\n#### 11‑5 Records must not be altered or defaced during retention period\n\n (1) A record that is retained as required under this Part must not be altered or defaced during the period (the retention period) in which it is required to be retained.\n (2) However, subsection (1) does not prevent notations or markings being made on the record in accordance with ordinary practice.\n (3) If the record (the original record) is altered or defaced during the retention period, the person who is required to retain the original record must also retain, during the retention period, each document:\n (a) that the person creates or that comes into the person’s possession; and\n (b) that shows how the original record was altered or defaced.\n\n## Part 2—Relevant Commonwealth liabilities\n\n#### 11‑6 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid\n\n Purpose of this section\n (1) For the purposes of section 431 of the Act, this section prescribes circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of either of the following provisions of the Act (a relevant provision):\n (a) paragraph 191(2)(b) (grant of export licence);\n (b) paragraph 199(3)(a) (variation of export licence).\n\n> Note: For relevant Commonwealth liability, see section 12 of the Act.\n\n Payment undertaking may be given\n (2) A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a relevant provision if:\n (a) the person, or another person, has given a written undertaking (a payment undertaking) to the Secretary to pay the amount of the relevant Commonwealth liability; and\n (b) the payment undertaking includes a term that the relevant Commonwealth liability is to be reduced by each amount paid in accordance with the undertaking; and\n (c) the Secretary has accepted the payment undertaking, having considered the following matters:\n (i) the financial position of the person who gave the payment undertaking;\n (ii) the nature and likely cost of the export operations to which a decision under the relevant provision relates;\n (iii) whether the person who gave the payment undertaking will be able to comply with the undertaking and, if applicable, meet the cost of the export operations referred to in subparagraph (ii);\n (iv) any other relevant considerations.\n (3) A payment undertaking may be given by a person in relation to:\n (a) a relevant Commonwealth liability of the person; or\n (b) a relevant Commonwealth liability of another person.\n Payment undertaking may relate to 2 or more relevant Commonwealth liabilities\n (4) A single payment undertaking may relate to 2 or more relevant Commonwealth liabilities.\n (5) If:\n (a) a payment undertaking relates to 2 or more relevant Commonwealth liabilities; or\n (b) a person has given 2 or more payment undertakings in relation to different relevant Commonwealth liabilities of the person or of another person;\n the Secretary may determine the order in which payments are to be applied to reduce the outstanding relevant Commonwealth liabilities.\n Variation of payment undertaking\n (6) A payment undertaking may be varied at any time by agreement between the Secretary and the person who gave the undertaking.\n (7) The Secretary may agree to a variation of a payment undertaking if:\n (a) having considered the matters referred to in paragraph (2)(c), the Secretary considers the variation is appropriate; and\n (b) the variation does not reduce the amount of any relevant Commonwealth liability covered by the undertaking that has not been paid.\n\nChapter 12—Transitional provisions\n\n#### 12‑1 State codes of practice\n\n (1) This section applies in relation to a code of practice for a State, within the meaning of the Export Control (Unprocessed Wood) Regulations (as in force immediately before the commencement time), if:\n (a) the Minister had approved the code of practice under regulation 4B of those Regulations; and\n (b) the approval was in force immediately before the commencement time.\n (2) The approval of the code of practice continues in force as if it had been given under subsection 2‑7(1) of this instrument.\n (3) In this section:\n\n> commencement time means the time when section 3 of the Export Control Act 2020 commences.\n\n#### 12‑2 Transitional provisions relating to the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025\n\n Section 6‑2A of this instrument, as inserted by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025, applies in relation to the following:\n (a) applications for, or in relation to, wood export licences:\n (i) made on or after 1 May 2025; or\n (ii) made before, but not determined by, 1 May 2025; and\n (b) other decisions in relation to wood export licences made on or after 1 May 2025.","sortOrder":12},{"sectionNumber":"2‑3 Purpose and application of this Divi","sectionType":"section","heading":"2‑3 Purpose and application of this Division","content":"#### 2‑3 Purpose and application of this Division\n\n (1) This Division is made for the purposes of section 29 of the Act.\n (2) This Division applies in relation to prescribed wood and woodchips.\n\n> Note 1: See Division 1 of this Part in relation to goods that are prescribed wood and woodchips.\n\n> Note 2: Wood and woodchips are taken not to be prescribed wood or woodchips in the circumstances prescribed by section 2‑2 of this instrument (see the definition of prescribed goods in section 12 of the Act).","sortOrder":13},{"sectionNumber":"2‑4 Export of prescribed wood or woodchi","sectionType":"section","heading":"2‑4 Export of prescribed wood or woodchips is prohibited unless prescribed conditions are complied with","content":"#### 2‑4 Export of prescribed wood or woodchips is prohibited unless prescribed conditions are complied with\n\n The export from Australian territory of prescribed wood or woodchips is prohibited unless:\n (a) the exporter of the prescribed wood or woodchips holds a wood export licence to carry out operations to export the wood or woodchips; and\n (b) the wood export licence is in force and not suspended at the time the wood or woodchips are exported.\n\n> Note 1: Other conditions will apply in addition to the conditions in this section if the prescribed wood or woodchips are a prescribed plant product under the Export Control (Plants and Plant Products) Rules 2021. The export of the wood or woodchips would also be subject to export conditions prescribed by that instrument.\n\n> Note 2: A person may commit an offence or be liable to a civil penalty if prescribed goods are exported in contravention of a prescribed export condition (see Division 4 of Part 1 of Chapter 2 of the Act).\n\n> Note 3: A person may commit an offence or be liable to a civil penalty if export operations covered by a wood export licence are carried out after the licence has been revoked (see section 215 of the Act).","sortOrder":14},{"sectionNumber":"2‑5 Government certificate may be issued","sectionType":"section","heading":"2‑5 Government certificate may be issued in relation to wood or woodchips","content":"#### 2‑5 Government certificate may be issued in relation to wood or woodchips\n\n For the purposes of subsections 62(1) and (2) of the Act, a government certificate may be issued in relation to wood or woodchips that are to be, or that have been, exported.\n\n> Note 1: Grounds for the issuing body to refuse to issue a government certificate in relation to wood or woodchips are provided by paragraphs 67(3)(a) to (f) of the Act.\n\n> Note 2: An exporter who applies for a government certificate in relation to wood or woodchips must retain certain records for at least 5 years (see section 11‑4 of this instrument).","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"State codes of practice","content":"## Part 3—State codes of practice","sortOrder":17},{"sectionNumber":"2‑6 State may request approval of code o","sectionType":"section","heading":"2‑6 State may request approval of code of practice","content":"#### 2‑6 State may request approval of code of practice\n\n A State may request the Minister, in writing, to approve a code of practice for the State.","sortOrder":18},{"sectionNumber":"2‑7 Approval of code of practice","sectionType":"section","heading":"2‑7 Approval of code of practice","content":"#### 2‑7 Approval of code of practice\n\n (1) If the Minister receives a request from a State under section 2‑6, the Minister may, by notifiable instrument, approve the code of practice to which the request relates.\n (2) The Minister may approve a code of practice for a State under subsection (1) only if subsection (3) or (4) applies.\n (3) This subsection applies if the Minister is satisfied that the code of practice for the State would satisfactorily protect environmental and heritage values in the State.\n (4) This subsection applies if:\n (a) the Minister is satisfied that the code of practice for the State would substantially protect environmental and heritage values in the State; and\n (b) the State enters into a written agreement with the Commonwealth to:\n (i) by a date specified in the agreement, amend the code of practice to ensure that it would satisfactorily protect those values; and\n (ii) advise the Commonwealth, in writing, when the amendments have been made.\n (5) For the purposes of subsection (3) or (4), in considering whether a code of practice for a State would satisfactorily or substantially protect environmental and heritage values in the State, the Minister must have regard to the findings of a scientific assessment of the code of practice prepared under the direction of the Secretary and based on the national plantation principles.\n\n> Note: In exercising a power under this Part, preference must not be given to one State, or part of a State, over another State or part of another State (see section 99 of the Constitution).","sortOrder":19},{"sectionNumber":"2‑8 Approval must state date of effect","sectionType":"section","heading":"2‑8 Approval must state date of effect","content":"#### 2‑8 Approval must state date of effect\n\n The instrument of approval of a code of practice for a State under subsection 2‑7(1) must state the date of commencement of the approval.","sortOrder":20},{"sectionNumber":"2‑9 Approval of amendments (other than m","sectionType":"section","heading":"2‑9 Approval of amendments (other than minor amendments) of approved code of practice","content":"#### 2‑9 Approval of amendments (other than minor amendments) of approved code of practice\n\n (1) If a State wishes to amend an approved code of practice for the State (other than by making minor amendments covered by section 2‑11), the State must request the Minister, in writing, to approve the code of practice as amended.\n (2) The Minister may, by notifiable instrument, approve the code of practice for the State as amended only if subsection 2‑7(3) or (4) applies to the code of practice as amended.","sortOrder":21},{"sectionNumber":"2‑10 Minister may require amendment of c","sectionType":"section","heading":"2‑10 Minister may require amendment of code of practice","content":"#### 2‑10 Minister may require amendment of code of practice\n\n (1) The Minister may, by written notice, require a State to amend an approved code of practice for the State.\n (2) If the Minister is satisfied that the State has amended the code of practice as required under subsection (1), the Minister must, by notifiable instrument, approve the code of practice as amended.","sortOrder":22},{"sectionNumber":"2‑11 State may make minor amendment of a","sectionType":"section","heading":"2‑11 State may make minor amendment of approved code of practice","content":"#### 2‑11 State may make minor amendment of approved code of practice\n\n (1) A State may make a minor amendment of an approved code of practice for the State.\n (2) If a State makes a minor amendment of an approved code of practice for the State:\n (a) the State must give a copy of the code of practice as amended to the Secretary; and\n (b) the code of practice as amended is taken to be approved by the Minister.\n (3) For the purposes of this section, a minor amendment of an approved code of practice for a State is an amendment that does not change the substance of the code of practice.\n\n> Note: Examples: Minor corrections to improve technical effectiveness, omission of redundant provisions, corrections of typographical errors, amendments to update references to a law.","sortOrder":23},{"sectionNumber":"2‑12 Minister may revoke approval of cod","sectionType":"section","heading":"2‑12 Minister may revoke approval of code of practice","content":"#### 2‑12 Minister may revoke approval of code of practice\n\n (1) The Minister may, by notifiable instrument, revoke the approval of a code of practice for a State if the Minister reasonably believes that the code of practice does not, or will not, satisfactorily protect environmental and heritage values in the State.\n (2) For the purposes of subsection (1), in considering whether a code of practice for a State does not, or will not, satisfactorily protect environmental and heritage values in the State, the Minister must have regard to the findings of a scientific assessment of the code of practice prepared under the direction of the Secretary and based on the national plantation principles.\n (3) The Minister must not revoke the approval of a code of practice for a State under subsection (1) unless the Minister has given a written notice to the State in accordance with subsection (4).\n (4) A notice under subsection (3) must state that the Minister may revoke the approval of the code of practice on a specified date (which must be within a reasonable period after the notice is given), unless the State, by that date, amends the code of practice to ensure that it satisfactorily protects environmental and heritage values in the State.","sortOrder":24},{"sectionNumber":"2‑13 Publication of scientific assessmen","sectionType":"section","heading":"2‑13 Publication of scientific assessments of approved codes of practice","content":"#### 2‑13 Publication of scientific assessments of approved codes of practice\n\n The Secretary must ensure that the findings of the most recent scientific assessment of an approved code of practice for a State, prepared under the direction of the Secretary and based on the national plantation principles, are published on the Department’s website.\n\n> Note: For the requirement for the Minister to have regard to the findings in approving, or revoking the approval of, a code of practice, see subsections 2‑7(5) and 2‑12(2).\n\nChapter 6—Wood export licences","sortOrder":25},{"sectionNumber":"6‑1 Other requirements for grant of wood","sectionType":"section","heading":"6‑1 Other requirements for grant of wood export licence","content":"#### 6‑1 Other requirements for grant of wood export licence\n\n (1) For the purposes of paragraph 191(2)(d) of the Act, this section prescribes other requirements that must be met for the grant of a wood export licence.\n\n> Note 1: The requirements provided by paragraphs 191(2)(b) and (c) of the Act must also be met.\n\n> Note 2: It is also a requirement for the grant of a wood export licence that the applicant is a fit and proper person (see paragraph 191(2)(a) of the Act and section 6‑2A of this instrument).\n\n Applicant must make declaration\n (2) The applicant must make a declaration:\n (a) stating that the applicant has complied, and will continue to comply, with the applicable requirements of the following in relation to the export operations and prescribed wood or woodchips to be covered by the licence:\n (i) the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) each management arrangement (if any) that applies to the export operations and prescribed wood or woodchips to be covered by the licence; and\n (b) identifying the designated places (if any):\n (i) where export operations to be covered by the licence are to be carried out; or\n (ii) that would be adversely affected by those operations; and\n (c) if a designated place referred to in paragraph (b) is identified—setting out the measures (if any) that the applicant undertakes to take to protect the designated place.\n Form of declaration etc.\n (3) A declaration under subsection (2):\n (a) must be in a form approved by the Secretary; and\n (b) must be based on the knowledge of the applicant after making reasonable inquiries into the matters declared; and\n (c) must not, to the knowledge of the applicant, be false or misleading; and\n (d) must be signed and dated by the applicant.\n\n> Note: A person may commit an offence or be liable to a civil penalty if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and sections 368 and 369 of the Act).\n\n Protection of designated places\n (4) The requirements of the Environment Protection and Biodiversity Conservation Act 1999 that apply to the export operations and prescribed wood or woodchips to be covered by the licence, together with:\n (a) each management arrangement (if any) that applies to the export operations and prescribed wood or woodchips to be covered by the licence; and\n (b) if the declaration made by the applicant under subsection (2) includes an undertaking to take measures to protect a designated place where export operations to be covered by the licence are to be carried out or that would be adversely affected by those operations—those measures;\n must satisfactorily protect the designated place.\n (5) In considering whether the requirement referred to in subsection (4) is met, the Secretary must have regard to:\n (a) the declaration made by the applicant under subsection (2); and\n (b) any information reasonably available to the Secretary in relation to the following:\n (i) the applicant’s history of compliance with the requirements of the Environment Protection and Biodiversity Conservation Act 1999;\n (ii) the applicant’s history of compliance with any management arrangement that applies to the export operations and prescribed wood or woodchips to be covered by the licence;\n (iii) each designated place (if any) where export operations to be covered by the licence are to be carried out or that would be adversely affected by those export operations;\n (iv) the economic benefits arising from the export operations to be covered by the licence;\n (v) the impacts, including future impacts, of the export operations to be covered by the licence on local communities.","sortOrder":27},{"sectionNumber":"6‑2 Conditions of wood export licence","sectionType":"section","heading":"6‑2 Conditions of wood export licence","content":"#### 6‑2 Conditions of wood export licence\n\n (1) For the purposes of paragraph 192(1)(b) of the Act, this section prescribes a condition of a wood export licence if the declaration required under subsection 6‑1(2) of this instrument in relation to the application for the licence included an undertaking to take measures to protect the designated places where export operations covered by the licence are to be carried out or that would be adversely affected by those operations.\n (2) The holder of the wood export licence must comply with the undertaking.\n\n> Note 1: The wood export licence is also subject to:\n\n (a) the conditions (if any) specified in the licence under paragraph 192(1)(c) of the Act; and\n (b) the condition that the holder of the licence must comply with any directions given from time to time to the holder under section 222 of the Act (see subsection 222(4) of the Act).\n\n> Note 2: The holder of the wood export licence may commit an offence or be liable to a civil penalty if a condition of the licence is contravened (see section 217 of the Act).","sortOrder":29},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Fit and proper persons","content":"## Part 2A—Fit and proper persons","sortOrder":30},{"sectionNumber":"6‑2A Kinds of persons who are required t","sectionType":"section","heading":"6‑2A Kinds of persons who are required to be fit and proper persons","content":"#### 6‑2A Kinds of persons who are required to be fit and proper persons\n\n For the purposes of subsection 373(1) of the Act, the following kinds of persons are required, for the purposes of Chapter 6 of the Act (export licences), to be fit and proper persons (having regard to the matters referred to in section 372 of the Act):\n (a) an applicant for a wood export licence;\n (b) the holder of a wood export licence.\n\n> Note: For the application of this section, see section 12‑2.","sortOrder":31},{"sectionNumber":"6‑3 Application of this Part","sectionType":"section","heading":"6‑3 Application of this Part","content":"#### 6‑3 Application of this Part\n\n This Part applies in relation to the following applications:\n (a) an application under section 190 of the Act for a wood export licence;\n (b) an application under section 199 of the Act to vary:\n (i) a wood export licence; or\n (ii) the conditions of a wood export licence.","sortOrder":33},{"sectionNumber":"6‑4 Initial consideration period","sectionType":"section","heading":"6‑4 Initial consideration period","content":"#### 6‑4 Initial consideration period\n\n For the purposes of subsection 379(3) of the Act, the initial consideration period for an application is 30 days.\n\n> Note: The consideration period for an application starts on the day after the day the Secretary receives the application (see subsection 379(4) of the Act).","sortOrder":34},{"sectionNumber":"6‑5 Period within which request relating","sectionType":"section","heading":"6‑5 Period within which request relating to application must be complied with","content":"#### 6‑5 Period within which request relating to application must be complied with\n\n For the purposes of paragraph 379(10)(b) of the Act, the period of 6 months is prescribed.\n\nChapter 10—Compliance and enforcement","sortOrder":35},{"sectionNumber":"10‑1 Samples taken in exercising monitor","sectionType":"section","heading":"10‑1 Samples taken in exercising monitoring or investigation powers","content":"#### 10‑1 Samples taken in exercising monitoring or investigation powers\n\n If a sample is taken as permitted by paragraph 327(2)(a) of the Act (additional monitoring power) or subsection 330(2) of the Act (additional investigation power), the sample must be:\n (a) identified with a mark or a tag; and\n (b) kept in the custody or control of an authorised officer until whichever of the following first occurs:\n (i) the sample is destroyed during testing or analysis in accordance with section 412 of the Act;\n (ii) the sample is given to an analyst appointed under section 413 of the Act;\n (iii) the sample is otherwise disposed of.","sortOrder":36},{"sectionNumber":"10‑2 Dealing with things seized in exerc","sectionType":"section","heading":"10‑2 Dealing with things seized in exercising investigation powers","content":"#### 10‑2 Dealing with things seized in exercising investigation powers\n\n (1) This section applies if:\n (a) premises where export operations are being, or have been, carried out in relation to prescribed wood or woodchips have been entered under an investigation warrant; and\n (b) a thing was seized under the warrant.\n (2) The thing must be:\n (a) identified with a mark or a tag; and\n (b) kept in the custody or control of an authorised officer until whichever of the following first occurs:\n (i) the thing is destroyed or otherwise disposed of in accordance with section 418 of the Act;\n (ii) the thing is returned in accordance with subsection 66(4) of the Regulatory Powers Act;\n (iii) the thing is disposed of in accordance with section 68 of that Act.\n\nChapter 11—Miscellaneous","sortOrder":37},{"sectionNumber":"11‑1 Purpose of this Part","sectionType":"section","heading":"11‑1 Purpose of this Part","content":"#### 11‑1 Purpose of this Part\n\n For the purposes of subsections 408(1) and (2) of the Act, this Part makes provision for and in relation to the retention of records in relation to prescribed wood or woodchips.\n\n> Note: A person may commit an offence of strict liability if the person is required to retain a record in accordance with a provision of this Part and the person fails to comply with the requirement (see subsection 408(3) of the Act).","sortOrder":39},{"sectionNumber":"11‑2 General requirements for records","sectionType":"section","heading":"11‑2 General requirements for records","content":"#### 11‑2 General requirements for records\n\n (1) A record that is required to be retained under this Part in relation to wood or woodchips must be:\n (a) in English; and\n (b) if the record was required to be in another language to meet importing country requirements—in that other language; and\n (c) dated; and\n (d) accurate, legible and able to be audited.\n (2) If a person is required to retain a document under this Part, the person is taken to have complied with the requirement if:\n (a) the person is required, under a law of the Commonwealth or a State or in accordance with ordinary commercial practice, to give the document to another person; and\n (b) the person gives the document to the other person as required; and\n (c) the person retains a copy of the document.","sortOrder":40},{"sectionNumber":"11‑3 Government certificates must be ret","sectionType":"section","heading":"11‑3 Government certificates must be retained in secure place","content":"#### 11‑3 Government certificates must be retained in secure place\n\n (1) A person to whom a government certificate in relation to wood or woodchips is issued under the Act must retain the certificate in a secure place when it is not being used.\n (2) Subsection (1) does not apply in relation to a government certificate that was issued by electronic means.","sortOrder":41},{"sectionNumber":"11‑4 Records to be retained by exporter","sectionType":"section","heading":"11‑4 Records to be retained by exporter","content":"#### 11‑4 Records to be retained by exporter\n\n (1) An exporter of prescribed wood or woodchips must retain the following records:\n (a) each application by the exporter for a government certificate in relation to prescribed wood or woodchips;\n (b) each other document:\n (i) that is made by the exporter or that comes into the exporter’s possession; and\n (ii) that is relevant to showing whether the exporter has complied, or is complying, with the applicable requirements of the Act in relation to the export of prescribed wood or woodchips.\n (2) An exporter to whom a government certificate in relation to non‑prescribed wood or woodchips is issued under the Act must retain the following records:\n (a) the application by the exporter for the government certificate;\n (b) each other document:\n (i) that is made by the exporter or that comes into the exporter’s possession; and\n (ii) that is relevant to showing whether the person has complied, or is complying, with the applicable requirements of the Act in relation to the non‑prescribed wood or woodchips in relation to which the government certificate was issued.\n (3) An exporter must retain each record referred to in subsection (1) or (2) for at least 5 years starting on the day the record is made by the exporter or comes into the exporter’s possession (as the case may be).","sortOrder":42},{"sectionNumber":"11‑5 Records must not be altered or defa","sectionType":"section","heading":"11‑5 Records must not be altered or defaced during retention period","content":"#### 11‑5 Records must not be altered or defaced during retention period\n\n (1) A record that is retained as required under this Part must not be altered or defaced during the period (the retention period) in which it is required to be retained.\n (2) However, subsection (1) does not prevent notations or markings being made on the record in accordance with ordinary practice.\n (3) If the record (the original record) is altered or defaced during the retention period, the person who is required to retain the original record must also retain, during the retention period, each document:\n (a) that the person creates or that comes into the person’s possession; and\n (b) that shows how the original record was altered or defaced.","sortOrder":43},{"sectionNumber":"11‑6 Circumstances in which relevant Com","sectionType":"section","heading":"11‑6 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid","content":"#### 11‑6 Circumstances in which relevant Commonwealth liability of a person is taken to have been paid\n\n Purpose of this section\n (1) For the purposes of section 431 of the Act, this section prescribes circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of either of the following provisions of the Act (a relevant provision):\n (a) paragraph 191(2)(b) (grant of export licence);\n (b) paragraph 199(3)(a) (variation of export licence).\n\n> Note: For relevant Commonwealth liability, see section 12 of the Act.\n\n Payment undertaking may be given\n (2) A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a relevant provision if:\n (a) the person, or another person, has given a written undertaking (a payment undertaking) to the Secretary to pay the amount of the relevant Commonwealth liability; and\n (b) the payment undertaking includes a term that the relevant Commonwealth liability is to be reduced by each amount paid in accordance with the undertaking; and\n (c) the Secretary has accepted the payment undertaking, having considered the following matters:\n (i) the financial position of the person who gave the payment undertaking;\n (ii) the nature and likely cost of the export operations to which a decision under the relevant provision relates;\n (iii) whether the person who gave the payment undertaking will be able to comply with the undertaking and, if applicable, meet the cost of the export operations referred to in subparagraph (ii);\n (iv) any other relevant considerations.\n (3) A payment undertaking may be given by a person in relation to:\n (a) a relevant Commonwealth liability of the person; or\n (b) a relevant Commonwealth liability of another person.\n Payment undertaking may relate to 2 or more relevant Commonwealth liabilities\n (4) A single payment undertaking may relate to 2 or more relevant Commonwealth liabilities.\n (5) If:\n (a) a payment undertaking relates to 2 or more relevant Commonwealth liabilities; or\n (b) a person has given 2 or more payment undertakings in relation to different relevant Commonwealth liabilities of the person or of another person;\n the Secretary may determine the order in which payments are to be applied to reduce the outstanding relevant Commonwealth liabilities.\n Variation of payment undertaking\n (6) A payment undertaking may be varied at any time by agreement between the Secretary and the person who gave the undertaking.\n (7) The Secretary may agree to a variation of a payment undertaking if:\n (a) having considered the matters referred to in paragraph (2)(c), the Secretary considers the variation is appropriate; and\n (b) the variation does not reduce the amount of any relevant Commonwealth liability covered by the undertaking that has not been paid.\n\nChapter 12—Transitional provisions","sortOrder":45},{"sectionNumber":"12‑1 State codes of practice","sectionType":"section","heading":"12‑1 State codes of practice","content":"#### 12‑1 State codes of practice\n\n (1) This section applies in relation to a code of practice for a State, within the meaning of the Export Control (Unprocessed Wood) Regulations (as in force immediately before the commencement time), if:\n (a) the Minister had approved the code of practice under regulation 4B of those Regulations; and\n (b) the approval was in force immediately before the commencement time.\n (2) The approval of the code of practice continues in force as if it had been given under subsection 2‑7(1) of this instrument.\n (3) In this section:\n\n> commencement time means the time when section 3 of the Export Control Act 2020 commences.","sortOrder":46},{"sectionNumber":"12‑2 Transitional provisions relating to","sectionType":"section","heading":"12‑2 Transitional provisions relating to the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025","content":"#### 12‑2 Transitional provisions relating to the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025\n\n Section 6‑2A of this instrument, as inserted by Part 1 of Schedule 1 to the Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025, applies in relation to the following:\n (a) applications for, or in relation to, wood export licences:\n (i) made on or after 1 May 2025; or\n (ii) made before, but not determined by, 1 May 2025; and\n (b) other decisions in relation to wood export licences made on or after 1 May 2025.","sortOrder":47}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument continues the pre‑existing national regime to regulate exports of unprocessed wood, but it introduced a few notable scope extensions compared with a simple carry‑over of prior unprocessed‑wood controls: (1) it formalises a Commonwealth approval pathway for State plantation codes that can shift goods from \"prescribed\" to non‑prescribed status (ss 2‑1(2), 2‑7–2‑13), creating a stronger Commonwealth role in approving State plantation management practices; (2) it adds (by later amendment) an explicit fit‑and‑proper person requirement for applicants and holders of wood export licences (s 6‑2A, with transitional application in s 12‑2), which broadens the criteria considered in licensing decisions beyond operational and environmental undertakings; and (3) it clarifies procedural and evidentiary matters (samples, custody, record non‑alteration, publication of scientific assessments) that deepen administrative oversight. These changes increase Commonwealth oversight and the regulatory pathways available to States and exporters beyond a narrow export‑control list, though they remain within the general policy aim of controlling unprocessed wood exports for environmental and heritage protection purposes."},"complexity_factors":["Approximately 30 defined terms and numerous imported definitions (s 1‑6) including cross‑references to the Export Control Act 2020, the Environment Protection and Biodiversity Conservation Act 1999, the Regional Forest Agreements Act 2002 and the Regulatory Powers Act","Multiple cross‑references to provisions of the Export Control Act (licensing, offences, enforcement) rather than standalone rules, increasing interpretive dependency","Conditional approval and amendment regime for State codes with layered tests (s 2‑7(2)–(4)): distinct \"satisfactory\" and \"substantial\" tests plus required written agreements where only \"substantial\" protection is found","Ministerial discretionary powers with procedural constraints (approve, require amendment, revoke) and mandatory scientific assessment input (ss 2‑7, 2‑10, 2‑12, 2‑13)","Exceptions and carve‑outs: plantation‑sourced exemption (s 2‑1(2)), small‑consignment and overseas‑harvest exclusions (s 2‑2), and interplay with Regional Forest Agreements (notes to s 2‑1)","Nested licence application and condition logic: declarations, undertakings, fit‑and‑proper person test, and multiple assessment criteria the Secretary must consider (s 6‑1(2)–(5), s 6‑2A)","Record‑keeping rules with strict retention and non‑alteration obligations plus bilingual/ importing‑country language rules (ss 11‑2, 11‑4, 11‑5)","Enforcement procedure specifications (samples, seized items) tied to multiple external Act provisions (ss 10‑1, 10‑2 referencing sections of the Act and Regulatory Powers Act)","Transitional provisions and later amendment insertion (s 12‑2 referencing the 2025 Amendment) — adds time‑dependent application rules","Repetitive structure and chapter cross‑referencing: instrument mirrors Act chapter numbering which creates gaps and requires constant cross‑checking with the parent Act"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- This instrument sets rules for exporting certain unprocessed wood products (\"prescribed wood and woodchips\"). It is made under the Export Control Act 2020 and operates by making export of those goods unlawful unless specific conditions are met (see sections 2‑1, 2‑4). \n\n- Goods captured: \"woodchips\", \"wood in the round\", and wood with a cross‑sectional area of at least 225 cm² are prescribed goods (s 2‑1(1)). There are two clear exclusions: (a) small consignments (≤ 2 tonnes) and (b) material harvested outside Australian territory (s 2‑2). \n\n- Licence requirement: exporters of prescribed wood/woodchips must hold a valid wood export licence when the goods are exported (s 2‑4). Licence applicants must make a signed declaration about compliance with environmental laws and any relevant State management arrangements and must identify any \"designated places\" (protected sites) that are or will be affected, together with steps they will take to protect them (s 6‑1(2)–(3)). If an applicant has offered such undertakings, the licence will carry a condition requiring compliance with them (s 6‑2). \n\n- State codes of practice: a State can ask the Commonwealth Minister to approve a State plantation code of practice as providing a pathway to treat plantation‑sourced wood as non‑prescribed (s 2‑6–2‑7). The Minister may approve, require amendment, accept minor amendments, or revoke approval (s 2‑7 to 2‑12). The Minister’s decisions must have regard to a scientific assessment based on the national plantation principles (s 2‑7(5), 2‑12(2)); those assessments must be published (s 2‑13). \n\n- Government certificates and records: government export certificates may be issued for wood/woodchips (s 2‑5). Exporters must retain records (including certificate applications and documents showing compliance) for at least five years and keep them unaltered during the retention period (s 11‑4, 11‑5). Certificates issued in hard copy must be kept secure when not in use (s 11‑3). \n\n- Compliance powers and procedures: the instrument specifies handling of samples and seized items (tagging, custody) when authorised officers exercise monitoring or warrant powers under the Act (ss 10‑1, 10‑2). It also allows the Secretary to accept a written payment undertaking in lieu of immediate payment of Commonwealth liabilities for certain licence decisions (s 11‑6). \n\n- Fit and proper person requirement (amendment): the instrument now makes an applicant or holder of a wood export licence a person required to be a \"fit and proper person\" for the purposes of export licensing (s 6‑2A); transitional rules describe when that provision applies (s 12‑2).\n\nWhy it matters (official purpose claims and what follows mechanically)\n\n- Officially the instrument manages environmental, heritage and biosecurity risks associated with exports of unprocessed wood by: (a) controlling which wood products require Commonwealth export licences; (b) creating a route for State‑regulated plantations to be treated as lower risk via approved codes of practice; and (c) imposing record‑keeping, declaration and licence conditions tied to protection of designated places (see ss 2‑1, 2‑4, 2‑7, 6‑1, 6‑2, 11‑4). \n\n- Mechanically, this imposes three concrete compliance steps on exporters: determine whether the product is \"prescribed\" (and whether an exemption applies) (ss 2‑1, 2‑2); hold and maintain a wood export licence with any attached undertakings (ss 2‑4, 6‑1, 6‑2); and keep and produce records/certificates for at least five years (ss 2‑5, 11‑4). Non‑compliance can attract offences or civil penalties via cross‑reference to the Act (notes to ss 2‑4, 6‑2, and the Act’s enforcement provisions). \n\nWho pays, who decides, and what behavioural change follows\n\n- Who pays: exporters incur the main compliance costs — applying for licences, making the required declarations, implementing protective measures for designated places where required, and retaining records for five years (ss 6‑1, 6‑2, 11‑4). States may also bear costs when adapting codes of practice to meet Commonwealth approval (ss 2‑7(4), 2‑10). \n\n- Who decides: the Commonwealth Minister (and the Secretary) decide whether to approve or revoke State codes of practice (ss 2‑7, 2‑12), whether to accept payment undertakings or licence applications (s 11‑6; s 6‑3, s 6‑4 administrative timing), and licence conditions are applied by the Secretary under the Act and these Rules (ss 6‑1, 6‑2). \n\n- Behavioural impact: exporters will either (a) source from plantations within States that have approved codes (to avoid being ‘‘prescribed’’), (b) limit consignment sizes to ≤ 2 tonnes or source material harvested overseas to bypass the licence requirement (s 2‑2), or (c) obtain and comply with a wood export licence and the related declarations/undertakings. States will be incentivised to align plantation codes with the national plantation principles and the Secretary’s scientific assessment if they want to remove licence burdens for their plantation operators (ss 2‑7(5), 2‑13). \n\nTrade‑offs, compliance burden, and implementation risks (analytical lens)\n\n- Compliance costs and administrative burden: exporters face recurring administrative costs — licence applications, declarations based on \"reasonable inquiries\", implementation of protective measures for designated places (s 6‑1(3), (4)), and five‑year record retention (s 11‑4). These are direct costs; indirect costs include slower transaction times while awaiting licences/certificates (s 6‑4 sets a 30‑day initial consideration period). \n\n- Market effects and substitution: the instrument creates a clear regulatory advantage for plantation‑sourced wood where a State code is approved. That means exporters and processors may reallocate supply chains toward plantations inside approved States to avoid licence conditions (s 2‑1(2)). Small consignments (≤ 2 t) are excluded, which may encourage exporters to split shipments under that threshold (s 2‑2(a)). \n\n- Concentrated benefits and diffuse costs: plantation owners in States that obtain Commonwealth approval benefit by avoiding prescribed‑goods controls; exporters of large logs and chips bear the compliance costs and timing risks. States that need to amend codes to gain approval incur drafting and administrative costs (s 2‑7(4)). \n\n- Discretion and implementation risk: the Minister has discretionary powers to approve, require amendment, or revoke approval of State codes (ss 2‑7, 2‑10, 2‑12). Those powers are constrained to an extent by the requirement to take account of scientific assessments based on the national plantation principles (ss 2‑7(5), 2‑12(2)) and by publication obligations (s 2‑13), but administrative discretion remains material and could generate regulatory uncertainty while assessments and negotiations proceed. \n\n- Enforcement and evidentiary risk: the Rules reference criminal/civil penalties under the Act for false or misleading declarations and for breaches of licence conditions (notes to s 6‑1 and s 6‑2). Record‑keeping and sample custody rules (chs 10 and 11) create evidentiary paths for enforcement but also require exporters to maintain audit‑quality documentation (ss 10‑1, 11‑2, 11‑4). \n\n- Opportunity costs and private choice: exporters face a choice to invest time and money in compliance or to change sourcing/consignment practices (e.g. plantations in approved States, consignments ≤ 2 t, or overseas harvest sources) (ss 2‑1, 2‑2). States choosing not to seek approval will leave their plantation operators subject to the licence regime, shifting costs to those operators and their buyers. \n\nConcrete references: see definitions and scope (s 1‑6; s 2‑1), licence requirement and exceptions (ss 2‑4, 2‑2), State code approval and review process (ss 2‑6 to 2‑13), licence application/declaration and licence conditions (ss 6‑1 to 6‑2), fit and proper person (s 6‑2A), records (chs 11), and compliance handling (chs 10)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3291},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The 2025 amendment introducing a 'fit and proper person' requirement (section 6-2A) added a new eligibility criterion for licence applicants but did not fundamentally alter the scope of regulated goods or the core purpose of controlling wood exports to ensure environmental protection and legal sourcing."},"complexity_factors":["18 defined terms in section 1-6, with additional embedded definitions (e.g., 'management arrangement' defined separately in section 1-7)","Cross-references to at least 4 other Acts: Export Control Act 2020 (primary legislation), Environment Protection and Biodiversity Conservation Act 1999, Regulatory Powers Act, and Regional Forest Agreements Act 2002","Multi-layered conditional exemptions: plantation wood exemption depends on state code approval, which depends on Ministerial satisfaction based on scientific assessment against the 1996 National Plantation Principles","Dual regulatory regime: explicit non-limitation clause (section 1-4) confirms these Rules operate concurrently with the Export Control (Plants and Plant Products) Rules 2021, creating overlapping compliance obligations","Multi-factor discretionary decisions for the Secretary (section 6-1(5)) requiring balancing of environmental protection, economic benefits, and community impacts","Transitional provisions preserving approvals made under repealed 1980s regulations (Export Control (Unprocessed Wood) Regulations)"],"plain_english_summary":"These Rules make licences the default requirement for exporting timber, logs or woodchips from Australia—no licence, no export—and oblige exporters to prove wood was legally harvested without harming World Heritage, Indigenous, Ramsar or other protected sites. Small shipments, foreign-harvested wood, and timber from plantations covered by an approved state code are exempt. Applicants face declarations, compliance checks, a new “fit and proper” test, binding licence conditions and five-year record-keeping to prevent illegal logging and protect heritage."}},"importantCases":[],"_links":{"self":"/api/acts/export-control-wood-and-woodchips-rules-2021","history":"/api/acts/export-control-wood-and-woodchips-rules-2021/history","analysis":"/api/acts/export-control-wood-and-woodchips-rules-2021/analysis","conflicts":"/api/acts/export-control-wood-and-woodchips-rules-2021/conflicts","importantCases":"/api/acts/export-control-wood-and-woodchips-rules-2021/important-cases","documents":"/api/acts/export-control-wood-and-woodchips-rules-2021/documents"}}