{"id":"C2012A00166","name":"Illegal Logging Prohibition Act 2012","slug":"illegal-logging-prohibition-act-2012","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"166 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8471,"registerId":"commonwealth-C2012A00166-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Crown to be bound","content":"#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act does not extend to external Territories","content":"#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Concurrent operation of State and Territory laws","content":"#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Importing","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":8},{"sectionNumber":"Division 1A","sectionType":"division","heading":"Introduction","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":9},{"sectionNumber":"7A","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Importing illegally logged timber","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Importing illegally logged timber","content":"#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Importing illegally logged timber in regulated timber products","content":"#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Forfeiture","content":"#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Application of the Customs Act 1901","content":"#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"Importers’ due diligence","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":16},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Offences and civil penalties","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Importing regulated timber products","content":"#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Customs declaration","content":"#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.","sortOrder":19},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Due diligence requirements for importing regulated timber products","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":20},{"sectionNumber":"13A","sectionType":"section","heading":"Due diligence requirement—due diligence system","content":"#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Due diligence requirements—other requirements prescribed by rules","content":"#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Processing","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":23},{"sectionNumber":"14A","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.","sortOrder":25},{"sectionNumber":"15","sectionType":"section","heading":"Processing illegally logged raw logs","content":"#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.","sortOrder":27},{"sectionNumber":"16","sectionType":"section","heading":"Forfeiture","content":"#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.","sortOrder":28},{"sectionNumber":"17","sectionType":"section","heading":"Processing raw logs","content":"#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.","sortOrder":31},{"sectionNumber":"17A","sectionType":"section","heading":"Due diligence requirement—due diligence system","content":"#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.","sortOrder":33},{"sectionNumber":"18","sectionType":"section","heading":"Due diligence requirements—other requirements prescribed by rules","content":"#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).","sortOrder":34},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Notice of regulated timber products to be unloaded in Australia or of processing of raw logs","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":35},{"sectionNumber":"18A","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.","sortOrder":37},{"sectionNumber":"18B","sectionType":"section","heading":"Notice of regulated timber products to be unloaded in Australia","content":"#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).","sortOrder":39},{"sectionNumber":"Division 3","sectionType":"division","heading":"Notice of the processing of a raw log into something other than a raw log","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":40},{"sectionNumber":"18C","sectionType":"section","heading":"Notice of the processing of a raw log into something other than a raw log","content":"#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.","sortOrder":41},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Information gathering powers","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":42},{"sectionNumber":"18D","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.","sortOrder":44},{"sectionNumber":"18E","sectionType":"section","heading":"Requirement to give information or documents to Secretary—importers","content":"#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.","sortOrder":46},{"sectionNumber":"18F","sectionType":"section","heading":"Requirement to give information or documents to Secretary—processors","content":"#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.","sortOrder":48},{"sectionNumber":"Part 4","sectionType":"part","heading":"Monitoring, investigation and enforcement","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":49},{"sectionNumber":"18G","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.","sortOrder":51},{"sectionNumber":"19","sectionType":"section","heading":"Appointment of inspectors","content":"#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.","sortOrder":53},{"sectionNumber":"21","sectionType":"section","heading":"Monitoring powers","content":"#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.","sortOrder":55},{"sectionNumber":"22","sectionType":"section","heading":"Investigation powers","content":"#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.","sortOrder":57},{"sectionNumber":"Division 4","sectionType":"division","heading":"Civil penalties","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":58},{"sectionNumber":"23","sectionType":"section","heading":"Civil penalty provisions","content":"#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.","sortOrder":59},{"sectionNumber":"Division 5","sectionType":"division","heading":"Infringement notices","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":60},{"sectionNumber":"24","sectionType":"section","heading":"Infringement notices","content":"#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.","sortOrder":61},{"sectionNumber":"Division 6","sectionType":"division","heading":"Enforceable undertakings","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":62},{"sectionNumber":"25","sectionType":"section","heading":"Enforceable undertakings","content":"#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.","sortOrder":63},{"sectionNumber":"Division 7","sectionType":"division","heading":"Injunctions","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":64},{"sectionNumber":"26","sectionType":"section","heading":"Injunctions","content":"#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.","sortOrder":65},{"sectionNumber":"Division 8","sectionType":"division","heading":"Regulated timber products subject to biosecurity control or customs control","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":66},{"sectionNumber":"27","sectionType":"section","heading":"Regulated timber products subject to biosecurity control or customs control","content":"#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.","sortOrder":67},{"sectionNumber":"Division 9","sectionType":"division","heading":"Audits","content":"An Act to combat illegal logging, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Illegal Logging Prohibition Act 2012.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 November 2012

2. Sections 3 to 8

The day after this Act receives the Royal Assent.

29 November 2012

3. Section 9

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

4. Sections 10 and 11

The day after this Act receives the Royal Assent.

29 November 2012

5. Sections 12 to 14

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

6. Sections 15 and 16

The day after this Act receives the Royal Assent.

29 November 2012

7. Sections 17 and 18

The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2.

30 November 2014

8. Sections 19 to 86

The day after this Act receives the Royal Assent.

29 November 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n#### 3 Crown to be bound\n\n (1) This Act binds the Crown in each of its capacities.\n (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.\n\n#### 4 Act does not extend to external Territories\n\n This Act does not extend to the external Territories.\n\n#### 5 Concurrent operation of State and Territory laws\n\n This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.\n\n#### 6 Simplified outline of this Act\n\nThis Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.\n\nThis Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\nThe Regulatory Powers Act is applied to:\n\n(a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and\n\n(b) allow the Secretary to accept undertakings from persons to comply with this Act; and\n\n(c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.\n\n#### 7 Definitions\n\n In this Act:\n\n> auditor means a person covered by paragraph 29(1)(a) or (b).\n\n> Australia, when used in a geographical sense, does not include the external Territories.\n\n> civil penalty provision has the same meaning as in the Regulatory Powers Act.\n\n> Commonwealth authority means the following:\n\n (a) a body corporate established for a public purpose by or under an Act;\n (b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:\n (i) the Commonwealth;\n (ii) a body covered by paragraph (a).\n\n> Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.\n\n> constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.\n\n> Customs Minister means the Minister administering the Customs Act 1901.\n\n> de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.\n\n> due diligence requirements:\n\n (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and\n (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).\n\n> due diligence system:\n\n (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and\n (b) for processing raw logs—has the meaning given by subsection 17A(2).\n\n> entrusted person means any of the following:\n\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;\n (e) any other person who is:\n (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and\n (ii) in a class of persons specified by rules made for the purposes of this subparagraph.\n\n> illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.\n\n> import means import into Australia.\n\n> inspector means a person appointed under section 19.\n\n> landing place has the same meaning as in the Biosecurity Act 2015.\n\n> personal information has the same meaning as in the Privacy Act 1988.\n\n> port has the same meaning as in the Biosecurity Act 2015.\n\n> premises includes the following:\n\n (a) a structure, building, vehicle, vessel or aircraft;\n (b) a place (whether or not enclosed or built on);\n (c) a part of a thing referred to in paragraph (a) or (b).\n\n> protected person has the meaning given by section 85D.\n\n> regulated timber product means a timber product prescribed by the rules for the purposes of this definition.\n\n> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.\n\n> relevant information means:\n\n (a) information obtained by a person under this Act or the rules; or\n (b) information obtained or generated by a person in the course of or for the purposes of:\n (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n> rules means the rules made under section 86.\n\n> Secretary means the Secretary of the Department.\n\n> State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.\n\n> timber product means a thing that is, is made from, or includes, timber.\n\n## Part 2—Importing\n\n### Division 1A—Introduction\n\n#### 7A Simplified outline of this Part\n\nThe importation of illegally logged timber is prohibited.\n\nImporters of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.\n\nImporters of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.\n\n### Division 1—Importing illegally logged timber\n\n#### 8 Importing illegally logged timber\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 9 Importing illegally logged timber in regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n (2) The fault element for paragraph (1)(b) is negligence.\n Strict liability offence\n (3) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is, is made from, or includes, illegally logged timber; and\n (c) the thing is a regulated timber product; and\n (d) the thing is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### 10 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n#### 11 Application of the Customs Act 1901\n\n If:\n (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and\n (b) the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;\n the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.\n\n### Division 2—Importers’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 12 Importing regulated timber products\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception\n (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 13 Customs declaration\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 100 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person imports a thing; and\n (b) the thing is a regulated timber product; and\n (c) the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the rules, about the person’s compliance with the due diligence requirements for importing the regulated timber product; and\n (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n#### Subdivision B—Due diligence requirements for importing regulated timber products\n\n#### 13A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products.\n (2) A due diligence system for importing regulated timber products is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 14 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for importing regulated timber products.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of timber;\n (ii) the name and business addresses of, and other details about, suppliers of timber or timber products;\n (iii) evidence of compliance with the laws of the country in which timber was harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) making declarations to the Customs Minister under section 13;\n (e) providing statements of compliance to the Secretary;\n (f) auditing;\n (g) taking remedial action in prescribed circumstances;\n (h) providing reports and other information to the Secretary;\n (i) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory or another country;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3—Processing\n\n### Division 1A—Introduction\n\n#### 14A Simplified outline of this Part\n\nThe processing of illegally logged raw logs is prohibited.\n\nProcessors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed.\n\n### Division 1—Processing illegally logged raw logs\n\n#### 15 Processing illegally logged raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 5 years imprisonment or 500 penalty units, or both.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the raw log is illegally logged; and\n (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and\n (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and\n (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### 16 Forfeiture\n\n (1) A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:\n (a) the court:\n (i) convicts a person of an offence against subsection 15(1) or (2) in respect of the thing or part; or\n (ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 15(3) of this Act in respect of the thing or part; and\n (b) the thing or part is the property of the person.\n (2) The person is entitled to be heard in relation to the forfeiture order.\n (3) The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:\n (a) if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or\n (b) if one or more such appeals have been lodged—the appeals lapse or are finally determined.\n\n### Division 2—Processors’ due diligence\n\n#### Subdivision A—Offences and civil penalties\n\n#### 17 Processing raw logs\n\n Fault‑based offence\n (1) A person commits an offence if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 300 penalty units.\n\n Strict liability offence\n (2) A person commits an offence of strict liability if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person processes a raw log into something other than a raw log; and\n (b) the person is a constitutional corporation, or the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and\n (c) the person does not comply with one or more due diligence requirements for processing the raw log; and\n (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.\n\nCivil penalty: 100 penalty units.\n\n Exception—imported raw logs\n (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Exception—other prescribed circumstances\n (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n#### Subdivision B—Due diligence requirements for processing raw logs\n\n#### 17A Due diligence requirement—due diligence system\n\n (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs.\n (2) A due diligence system for processing raw logs is a system that:\n (a) is in writing; and\n (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and\n (c) includes the information prescribed by the rules for the purposes of this paragraph.\n\n#### 18 Due diligence requirements—other requirements prescribed by rules\n\n (1) The rules may prescribe other due diligence requirements for processing raw logs.\n (2) The other requirements prescribed by the rules for the purposes of subsection (1) must be for the purposes of reducing the risk that illegally logged raw logs are processed.\n (3) The other requirements prescribed by the rules for the purposes of subsection (1) may include requirements in relation to one or more of the following:\n (a) gathering information for the purposes of assessing that risk, including in relation to the following:\n (i) the kind, origin and details of harvest of raw logs;\n (ii) the name and business addresses of, and other details about, suppliers of raw logs;\n (iii) evidence of compliance with the laws of the State or Territory in which raw logs were harvested;\n (iv) the completeness, accuracy or reliability of information gathered;\n (b) assessing and identifying that risk;\n (c) depending on the level of risk, measures to mitigate that risk;\n (d) providing statements of compliance to the Secretary;\n (e) auditing;\n (f) taking remedial action in prescribed circumstances;\n (g) providing reports and other information to the Secretary;\n (h) publishing information.\n (4) Subsection (3) does not limit subsection (2).\n (5) The rules may provide for due diligence requirements, covered by subsection (1), for processing raw logs to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:\n (a) laws, or processes under laws, in force in a State or Territory;\n (b) rules or processes established or accredited by an industry or certifying body;\n (c) established operational processes.\n (6) Paragraphs (5)(a) to (c) do not limit subsection (5).\n\n## Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n\n### Division 1—Introduction\n\n#### 18A Simplified outline of this Part\n\nNotice must be given of:\n\n(a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or\n\n(b) the processing of a raw log into something other than a raw log.\n\n### Division 2—Notice of regulated timber products to be unloaded in Australia\n\n#### 18B Notice of regulated timber products to be unloaded in Australia\n\n (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be:\n (a) brought into Australia; and\n (b) unloaded at a landing place or port in Australia;\n other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product.\n (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection.\n (4) The notice must:\n (a) include the information in relation to the regulated timber product that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and\n (d) be in the form approved in an instrument under subsection (5).\n (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d).\n (6) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (7) A person commits an offence of strict liability if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (8) A person contravenes this subsection if:\n (a) a regulated timber product is unloaded as referred to in subsection (1); and\n (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and\n (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and\n (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n Application to persons within and outside Australia\n (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded.\n Geographic jurisdiction\n (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7).\n\n### Division 3—Notice of the processing of a raw log into something other than a raw log\n\n#### 18C Notice of the processing of a raw log into something other than a raw log\n\n (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.\n (3) The notice must:\n (a) include the information in relation to the raw log or processing that is prescribed by the rules; and\n (b) be given in the manner prescribed by the rules; and\n (c) be given before the end of the following period after the raw log is processed into something other than a raw log:\n (i) 1 month, unless subparagraph (ii) applies;\n (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and\n (d) be in the form approved in an instrument under subsection (4).\n (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).\n (5) The rules may prescribe exceptions to the requirement to give a notice under this section.\n\n> Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.\n\n Strict liability offence\n (6) A person commits an offence of strict liability if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nPenalty: 60 penalty units.\n\n Civil penalty provision\n (7) A person contravenes this subsection if:\n (a) the person is required to give a notice under subsection (1); and\n (b) the person does not give the notice in accordance with this section.\n\nCivil penalty: 100 penalty units.\n\n## Part 3B—Information gathering powers\n\n### Division 1—Introduction\n\n#### 18D Simplified outline of this Part\n\nThe Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.\n\n### Division 2—Importers\n\n#### 18E Requirement to give information or documents to Secretary—importers\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or\n (b) the person’s compliance with the due diligence requirements for importing regulated timber products.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n Strict liability offence\n (4) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (5) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n### Division 3—Processors\n\n#### 18F Requirement to give information or documents to Secretary—processors\n\n Secretary may request information or documents\n (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to:\n (a) the person’s due diligence system in place at the time the person processed the raw log; or\n (b) the person’s compliance with the due diligence requirements for processing raw logs.\n\n> Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code and section 84 of this Act).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n (2) The notice must specify a reasonable period within which the person must comply with the notice. The period must be at least 28 days starting on the day on which the notice is given.\n (3) The notice must set out the effect of the following:\n (a) subsections (5) and (6) (about an offence or civil penalty for failing to comply with the notice);\n (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents);\n (c) section 137.1 of the Criminal Code (about giving false or misleading information);\n (d) section 137.2 of the Criminal Code (about producing false or misleading documents).\n (4) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processed the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Strict liability offence\n (5) A person commits an offence of strict liability if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nPenalty: 30 penalty units.\n\n Civil penalty provision\n (6) A person contravenes this subsection if:\n (a) the person is given a notice under subsection (1); and\n (b) the person fails to comply with the notice.\n\nCivil penalty: 100 penalty units.\n\n## Part 4—Monitoring, investigation and enforcement\n\n### Division 1A—Introduction\n\n#### 18G Simplified outline of this Part\n\nThe Regulatory Powers Act is triggered to allow a range of enforcement actions in relation to this Act.\n\nThe Secretary may appoint persons as inspectors for the purposes of those persons exercising powers under the Regulatory Powers Act.\n\nInspectors are permitted to enter premises under a monitoring warrant or with consent of the occupier and to exercise monitoring powers under the Regulatory Powers Act for the purposes of determining:\n\n(a) whether this Act has been, or is being, complied with; or\n\n(b) whether information given in compliance or purported compliance with this Act is correct.\n\nInspectors are permitted to enter premises under an investigation warrant or with consent of the occupier and to exercise investigation powers under the Regulatory Powers Act for the purposes of gathering material relating to contraventions of offences against this Act, certain offences that relate to this Act or civil penalty provisions of this Act.\n\nA relevant court can order the payment of a civil penalty for a contravention of a civil penalty provision of this Act.\n\nInfringement notices can be issued for alleged contraventions of strict liability offences against this Act or civil penalty provisions of this Act.\n\nUndertakings to comply with this Act may be accepted and enforced under the Regulatory Powers Act. If a person gives an undertaking, the undertaking may be enforced in a relevant court.\n\nA relevant court can grant an injunction restraining a person from contravening provisions of this Act or requiring a person to comply with provisions of this Act.\n\nInspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.\n\nThe Secretary may require an audit to be carried out in relation to whether:\n\n(a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or\n\n(b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n\n### Division 1—Inspectors\n\n#### 19 Appointment of inspectors\n\n (1) The Secretary may, in writing, appoint a person as an inspector for the purposes of this Act.\n (2) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has suitable training or experience to properly exercise the powers of an inspector.\n (3) An inspector holds office for the period specified in the instrument of appointment. The period must not exceed 2 years.\n (4) An inspector must, in exercising powers as such, comply with any directions of the Secretary.\n (5) If a direction is given under subsection (4) in writing, the direction is not a legislative instrument.\n\n### Division 2—Monitoring\n\n#### 21 Monitoring powers\n\n Provisions subject to monitoring\n (1) A provision is subject to monitoring under Part 2 of the Regulatory Powers Act if it is:\n (a) a provision of this Act; or\n (b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.\n\n Information subject to monitoring\n (2) Information given in compliance or purported compliance with a provision of this Act is subject to monitoring under Part 2 of the Regulatory Powers Act.\n\n> Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.\n\n Related provisions\n (3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), there are no related provisions.\n Authorised applicant and authorised person\n (4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector or an auditor is both an authorised applicant and an authorised person in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Issuing officer\n (5) For the purposes of Part 2 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (6) For the purposes of Part 2 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (7) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n (8) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional monitoring powers\n (10) For the purposes of determining:\n (a) whether a provision mentioned in subsection (1) has been, or is being, complied with; or\n (b) the correctness of information mentioned in subsection (2);\n the additional power mentioned in subsection (11) is taken to be included in the monitoring powers under Part 2 of the Regulatory Powers Act.\n (11) The additional monitoring power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) or the information mentioned in subsection (2).\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2).\n Does not extend to external Territories\n (13) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1) and the information mentioned in subsection (2), does not extend to the external Territories.\n\n### Division 3—Investigation\n\n#### 22 Investigation powers\n\n Provisions subject to investigation\n (1) A provision is subject to investigation under Part 3 of the Regulatory Powers Act if it is:\n (a) an offence against this Act; or\n (b) a civil penalty provision of this Act; or\n (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.\n\n> Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.\n\n Related provisions\n (2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1), there are no related provisions.\n Authorised applicant and authorised person\n (3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is both an authorised applicant and an authorised person in relation to evidential material that relates to a provision mentioned in subsection (1).\n Issuing officer\n (4) For the purposes of Part 3 of the Regulatory Powers Act, each of the following persons is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) a magistrate;\n (b) a Judge of a court of a State or Territory;\n (c) if a Judge of the Federal Circuit and Family Court of Australia (Division 2) or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force—the Judge.\n Relevant chief executive\n (5) For the purposes of Part 3 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection (1).\n (6) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n (7) A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.\n Relevant court\n (8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Additional investigation power\n (9) The additional power mentioned in subsection (10) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1).\n (10) The additional investigation power is the power to take, test and analyse samples of any regulated timber product on premises entered under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Use of force in executing a warrant\n (11) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection (1):\n (a) an authorised person may use such force against things as is necessary and reasonable in the circumstances; and\n (b) a person assisting the authorised person may use such force against things as is necessary and reasonable in the circumstances.\n Person assisting\n (12) An authorised person may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection (1).\n Does not extend to external Territories\n (13) Part 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 4—Civil penalties\n\n#### 23 Civil penalty provisions\n\n Enforceable civil penalty provisions\n (1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.\n\n> Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.\n\n Authorised applicant\n (2) For the purposes of Part 4 of the Regulatory Powers Act, the Secretary is an authorised applicant in relation to the civil penalty provisions of this Act.\n Relevant court\n (3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n Does not extend to external Territories\n (4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not extend to the external Territories.\n\n### Division 5—Infringement notices\n\n#### 24 Infringement notices\n\n Provisions subject to an infringement notice\n (1) The following provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act:\n (a) a strict liability offence against this Act;\n (b) a civil penalty provision of this Act.\n Infringement officer\n (2) For the purposes of Part 5 of the Regulatory Powers Act, an inspector is an infringement officer in relation the provisions mentioned in subsection (1).\n Relevant chief executive\n (3) For the purposes of Part 5 of the Regulatory Powers Act, the Secretary is the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (4) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions as the relevant chief executive in relation to the provisions mentioned in subsection (1).\n (5) A person exercising powers or functions under a delegation under subsection (4) must comply with any directions of the Secretary.\n Time limit for giving an infringement notice\n (5A) Despite subsection 103(2) of the Regulatory Powers Act, an infringement notice must be given within 24 months of the alleged contravention of a provision mentioned in subsection (1) of this section.\n Does not extend to external Territories\n (6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 6—Enforceable undertakings\n\n#### 25 Enforceable undertakings\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 6 of the Regulatory Powers Act.\n\n> Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.\n\n Authorised person\n (2) For the purposes of Part 6 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 6 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 6 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 6 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 7—Injunctions\n\n#### 26 Injunctions\n\n Enforceable provisions\n (1) The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act.\n\n> Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.\n\n Authorised person\n (2) For the purposes of Part 7 of the Regulatory Powers Act, the Secretary is an authorised person in relation to the provisions mentioned in subsection (1).\n (3) The Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Department the Secretary’s powers and functions under Part 7 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1).\n Relevant court\n (4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):\n (a) the Federal Court of Australia;\n (b) the Federal Circuit and Family Court of Australia (Division 2).\n No extension to external Territories\n (5) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), does not extend to the external Territories.\n\n### Division 8—Regulated timber products subject to biosecurity control or customs control\n\n#### 27 Regulated timber products subject to biosecurity control or customs control\n\n (1) For the purpose of monitoring compliance with the provisions of Part 2, an inspector may do the things covered by subsection (2) in relation to a regulated timber product that is subject to biosecurity control under section 119 of the Biosecurity Act 2015, or customs control under section 30 or 31 of the Customs Act 1901, in order to determine the following:\n (a) the common name, genus or scientific name of the tree from which the timber, or the timber in the product, is derived;\n (b) the country, the region of the country or the forest harvesting unit in which the timber, or the timber in the product, was harvested.\n (2) The things covered by this subsection are the following:\n (a) enter any premises at which the regulated timber product is located;\n (b) inspect or examine the regulated timber product;\n (c) conduct tests on the regulated timber product;\n (d) take, test and analyse samples of the regulated timber product.\n\n### Division 9—Audits\n\n#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.\n\n#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.\n\n#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.\n\n#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.\n\n#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n## Part 4A—Information management\n\n#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.\n\n#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.\n\n#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.\n\n#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.\n\n#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.\n\n#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n\n#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.\n\n#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.\n\n#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.\n\n#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.\n\n#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.\n\n#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.\n\n#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.\n\n#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.\n\n#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.\n\n#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.\n\n## Part 5—Miscellaneous\n\n#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.\n\n#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.\n\n#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.\n\n#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.\n\n#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.\n\n#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.\n\n#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.\n\n#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n\n#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n\n#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.\n\n#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":68},{"sectionNumber":"28","sectionType":"section","heading":"Secretary may require audits to be carried out","content":"#### 28 Secretary may require audits to be carried out\n\n Carrying out audits—importers\n (1) The Secretary may require an audit to be carried out in relation to whether a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product.\n Carrying out audits—processors\n (2) The Secretary may require an audit to be carried out in relation to whether a person covered by subsection (3) who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.\n (3) A person is covered by this subsection if:\n (a) the person is a constitutional corporation; or\n (b) the person processes the raw log:\n (i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or\n (ii) on behalf of a constitutional corporation; or\n (iii) for the purposes of supplying timber products to a constitutional corporation; or\n (iv) on behalf of the Commonwealth or a Commonwealth authority; or\n (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.\n Single audit or program of audits may be required\n (4) The Secretary may require a single audit, or a program of audits, to be conducted.","sortOrder":69},{"sectionNumber":"29","sectionType":"section","heading":"Who can carry out an audit?","content":"#### 29 Who can carry out an audit?\n\n (1) Any audit under this Division must be carried out by:\n (a) a person approved under subsection (2); or\n (b) a person included in a class of persons approved under subsection (3).\n Instrument for a person\n (2) The Secretary may, in writing, approve a person for the purposes of paragraph (1)(a). The Secretary must not do so unless the Secretary is satisfied that the person is appropriately qualified and experienced.\n Instrument for class of persons\n (3) The Secretary may, in writing, approve a class of persons for the purposes of paragraph (1)(b). The Secretary must not do so unless the Secretary is satisfied that persons of that class are appropriately qualified and experienced.\n Approvals are not legislative instruments\n (4) An approval under subsection (2) or (3) is not a legislative instrument.","sortOrder":70},{"sectionNumber":"30","sectionType":"section","heading":"Rules may specify requirements","content":"#### 30 Rules may specify requirements\n\n (1) The rules may specify requirements in relation to carrying out an audit under this Division.\n (2) Without limiting subsection (1), the rules may specify requirements relating to an auditor providing the Secretary with a copy of the audit report.","sortOrder":71},{"sectionNumber":"31","sectionType":"section","heading":"Conduct of audit","content":"#### 31 Conduct of audit\n\n Notice of scope of audit\n (1) Before an auditor starts to conduct an audit, the auditor must give the person being audited a notice in writing describing the scope of the audit.\n Requirement to answer questions, give information or produce documents\n (2) In carrying out an audit under this Division, the auditor may require any person to answer questions, give information in writing or produce documents that the auditor is satisfied are relevant to the audit.\n\n> Note 1: A person may commit an offence if the person provides false or misleading information or documents (see sections 137.1 and 137.2 of the Criminal Code).\n\n> Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).\n\n Offence\n (3) A person commits an offence if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (4) A person contravenes this subsection if:\n (a) the person is required under subsection (2) to answer a question, give information in writing or produce a document; and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.\n\n Other powers\n (5) The auditor may do the following:\n (a) examine information given under subsection (2) or a document produced under subsection (2);\n (b) make copies of the information or document.","sortOrder":72},{"sectionNumber":"32","sectionType":"section","heading":"Requirement to provide all reasonable facilities and assistance","content":"#### 32 Requirement to provide all reasonable facilities and assistance\n\n (1) An auditor who is carrying out an audit may require the person being audited to provide the auditor with all reasonable facilities and assistance for the conduct of the audit.\n Offence\n (2) A person commits an offence if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nPenalty: Imprisonment for 6 months or 30 penalty units, or both.\n\n Civil penalty provision\n (3) A person contravenes this subsection if:\n (a) the person is required to provide facilities and assistance under subsection (1); and\n (b) the person fails to comply with the requirement.\n\nCivil penalty: 30 penalty units.","sortOrder":73},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Information management","content":"## Part 4A—Information management","sortOrder":74},{"sectionNumber":"33","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 33 Simplified outline of this Part\n\nEntrusted persons can use or disclose information (referred to as relevant information) in accordance with this Part.\n\n> Note: Each provision in this Part provides an authorisation for the purposes of the Privacy Act 1988 and other laws.","sortOrder":75},{"sectionNumber":"34","sectionType":"section","heading":"Use or disclosure for the purposes of this Act","content":"#### 34 Use or disclosure for the purposes of this Act\n\n An entrusted person may use or disclose relevant information in the course of or for the purposes of:\n (a) administering this Act or the rules or monitoring compliance with this Act or the rules; or\n (b) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.","sortOrder":76},{"sectionNumber":"35","sectionType":"section","heading":"Use or disclosure for the purposes of other Acts","content":"#### 35 Use or disclosure for the purposes of other Acts\n\n An entrusted person may use or disclose relevant information if the use or disclosure is for the purposes of the administration of an Act (other than this Act) that is administered by the Minister.","sortOrder":77},{"sectionNumber":"36","sectionType":"section","heading":"Disclosure to foreign governments etc. for export, trade and other purposes","content":"#### 36 Disclosure to foreign governments etc. for export, trade and other purposes\n\n An entrusted person may disclose relevant information to a foreign government, an authority or agency of a foreign government or an international body of an intergovernmental character, for the purposes of:\n (a) matters relating to illegally logged timber or to promoting trade in timber that is not illegally logged; or\n (b) managing Australia’s international relations in respect of trade; or\n (c) giving effect to Australia’s international obligations.","sortOrder":78},{"sectionNumber":"37","sectionType":"section","heading":"Disclosure to a Commonwealth entity","content":"#### 37 Disclosure to a Commonwealth entity\n\n An entrusted person may disclose relevant information to a Commonwealth entity if the disclosure is for the purposes of assisting the entity to perform its functions or duties or exercise its powers.","sortOrder":79},{"sectionNumber":"38","sectionType":"section","heading":"Disclosure to State or Territory body","content":"#### 38 Disclosure to State or Territory body\n\n The Secretary may disclose relevant information to a State or Territory body if:\n (a) the Secretary reasonably believes that disclosing the information is necessary for the purposes of the administration of a law of a State or Territory; and\n (b) the State or Territory body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (c) the Secretary is satisfied that the information will be used or further disclosed only in accordance with the agreement.","sortOrder":80},{"sectionNumber":"39","sectionType":"section","heading":"Disclosure for the purposes of law enforcement","content":"#### 39 Disclosure for the purposes of law enforcement\n\n (1) An entrusted person may disclose relevant information to a body mentioned in subsection (2) if:\n (a) the entrusted person reasonably believes that disclosing the information is necessary for:\n (i) the enforcement of the criminal law; or\n (ii) the enforcement of a law imposing a pecuniary penalty; or\n (iii) the protection of public revenue; and\n (b) the functions of the body include that enforcement or protection; and\n (c) for a body mentioned in paragraph (2)(b) or (d)—the body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and the State or Territory; and\n (ii) applies in relation to the information; and\n (d) for a body mentioned in paragraph (2)(b) or (d)—the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (2) The bodies are the following:\n (a) a Commonwealth entity;\n (b) a State or Territory body;\n (c) the Australian Federal Police;\n (d) the police force or police service of a State or Territory.","sortOrder":81},{"sectionNumber":"40","sectionType":"section","heading":"Disclosure to a court, tribunal etc.","content":"#### 40 Disclosure to a court, tribunal etc.\n\n (1) An entrusted person may disclose relevant information to a court exercising federal jurisdiction.\n (2) An entrusted person may disclose relevant information to:\n (a) a court; or\n (b) a tribunal, authority or person that has the power to require the answering of questions or the production of documents;\n for the purposes of the enforcement of a law of the Commonwealth or to assist the court, tribunal, authority or person to make or review an administrative decision that is required or authorised to be made or reviewed under a law of the Commonwealth.","sortOrder":82},{"sectionNumber":"41","sectionType":"section","heading":"Use or disclosure for research, policy development or data analysis","content":"#### 41 Use or disclosure for research, policy development or data analysis\n\n (1) An entrusted person may:\n (a) use relevant information; or\n (b) disclose relevant information to an entrusted person; or\n (c) disclose relevant information to another person or body;\n for the purposes of the person or body undertaking research, policy development or data analysis to assist the Department with the administration of this Act or the rules.\n (2) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information to:\n (a) another person who is not employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; or\n (b) a body that is not a Commonwealth entity;\n unless:\n (c) the other person or body has undertaken not to use or further disclose the information except in accordance with an agreement that:\n (i) is in force between the Commonwealth and that person or body; and\n (ii) applies in relation to the information; and\n (d) the entrusted person is satisfied that the information will be used or further disclosed only in accordance with the agreement.\n (3) An entrusted person is not authorised under paragraph (1)(c) to disclose relevant information unless the entrusted person is satisfied that:\n (a) in the case of research, policy development or data analysis that could not proceed if personal information were de‑identified before the relevant information is disclosed—only the minimum amount of personal information necessary to proceed is disclosed; or\n (b) otherwise—all reasonable steps have been taken to de‑identify any personal information before the relevant information is disclosed.","sortOrder":83},{"sectionNumber":"42","sectionType":"section","heading":"Use or disclosure of statistics","content":"#### 42 Use or disclosure of statistics\n\n An entrusted person may use or disclose relevant information if the information is statistics that are not likely to enable the identification of a person.","sortOrder":84},{"sectionNumber":"43","sectionType":"section","heading":"Use or disclosure of publicly available information","content":"#### 43 Use or disclosure of publicly available information\n\n An entrusted person may use or disclose relevant information if the information has already been lawfully made available to the public.","sortOrder":85},{"sectionNumber":"44","sectionType":"section","heading":"Disclosure to person to whom information relates","content":"#### 44 Disclosure to person to whom information relates\n\n An entrusted person may disclose relevant information to the person to whom the information relates.","sortOrder":86},{"sectionNumber":"45","sectionType":"section","heading":"Use or disclosure with consent","content":"#### 45 Use or disclosure with consent\n\n An entrusted person may use or disclose relevant information that relates to a person if:\n (a) the person has consented to the use or disclosure; and\n (b) the use or disclosure is in accordance with that consent.","sortOrder":87},{"sectionNumber":"46","sectionType":"section","heading":"Disclosure to person who provided information","content":"#### 46 Disclosure to person who provided information\n\n An entrusted person may disclose relevant information to the person who provided the information.","sortOrder":88},{"sectionNumber":"47","sectionType":"section","heading":"Use or disclosure to manage severe and immediate threats","content":"#### 47 Use or disclosure to manage severe and immediate threats\n\n The Secretary may use or disclose relevant information if the Secretary reasonably believes that:\n (a) using or disclosing the information is necessary to manage a severe and immediate threat to human health, animal health, plant health or the environment; and\n (b) the threat:\n (i) arises in connection with the import of goods into Australia; or\n (ii) has the potential to cause harm on a nationally significant scale.","sortOrder":89},{"sectionNumber":"48","sectionType":"section","heading":"Use or disclosure authorised by rules","content":"#### 48 Use or disclosure authorised by rules\n\n (1) A person may use relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the use is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the use complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (2) A person may disclose relevant information if:\n (a) the person is included in a class of persons prescribed by rules made for the purposes of this paragraph; and\n (b) the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and\n (c) the information is of a kind prescribed by rules made for the purposes of this paragraph; and\n (d) the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.\n (3) Rules made for the purposes of this section must specify the legislative power or powers of the Parliament in respect of which the rules are made.\n (4) The other provisions of this Part do not limit the rules that may be made for the purposes of this section.","sortOrder":90},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"## Part 5—Miscellaneous","sortOrder":91},{"sectionNumber":"81","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 81 Simplified outline of this Part\n\nThis Part deals with the privilege against self‑incrimination, reports about the operation of this Act, civil penalties for false or misleading information or documents, publishing details of contraventions of this Act, delegation by the Secretary and the Minister’s power to make rules.","sortOrder":92},{"sectionNumber":"82","sectionType":"section","heading":"Privilege against self‑incrimination etc.","content":"#### 82 Privilege against self‑incrimination etc.\n\n (1) An individual is not excused from making a declaration under section 13, giving a notice under section 18B or 18C, giving information or producing a document under section 18E, 18F or 31 or answering a question under section 31 on the ground that making the declaration, giving the notice or information, producing the document or answering the question might tend to incriminate the individual in relation to an offence.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑incrimination.\n\n (2) However:\n (a) the declaration made, notice or information given, document produced or answer given; and\n (b) the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question; and\n (c) any information, document or thing obtained as a direct or indirect consequence of the making of the declaration, the giving of the notice or information, the production of the document or the answering of the question;\n are not admissible in evidence against the individual in criminal proceedings, other than:\n (d) proceedings for an offence against section 13, 18B, 18C, 18E, 18F or 31; or\n (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act or the rules.\n (3) If, at general law, an individual would otherwise be able to claim the privilege against self‑exposure to a penalty (other than a penalty for an offence) in relation to:\n (a) making a declaration under section 13; or\n (b) giving a notice under section 18B or 18C; or\n (c) giving information or producing a document under section 18E, 18F or 31; or\n (d) answering a question under section 31;\n the individual is not excused from making the declaration, giving the notice or information, producing the document or answering the question on that ground.\n\n> Note: A body corporate is not entitled to claim the privilege against self‑exposure to a penalty.","sortOrder":93},{"sectionNumber":"83","sectionType":"section","heading":"Publishing reports","content":"#### 83 Publishing reports\n\n (1) The Secretary may publish reports about the operation of this Act.\n (2) Subsection (1) does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988.","sortOrder":94},{"sectionNumber":"83A","sectionType":"section","heading":"Review of the operation of this Act","content":"#### 83A Review of the operation of this Act\n\n (1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5‑year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.\n (2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5‑year period.\n (3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.","sortOrder":95},{"sectionNumber":"84","sectionType":"section","heading":"Civil penalty provisions for false or misleading information or documents","content":"#### 84 Civil penalty provisions for false or misleading information or documents\n\n Customs declarations\n (1) A person contravenes this subsection if:\n (a) the person makes a declaration under section 13; and\n (b) the person does so knowing that the declaration is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (2) Subsection (1) does not apply if the declaration is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Notice of regulated timber products to be unloaded in Australia or of processing of raw logs\n (3) A person contravenes this subsection if:\n (a) the person gives a notice under section 18B or 18C; and\n (b) the person does so knowing that the notice is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (4) Subsection (3) does not apply if the notice is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Other documents\n (5) A person contravenes this subsection if:\n (a) the person produces a document to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the document is false or misleading.\n\nCivil penalty: 60 penalty units.\n\n (6) Subsection (5) does not apply if the document is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n Information\n (7) A person contravenes this subsection if:\n (a) the person gives information to the Secretary in compliance or purported compliance with a requirement under subsection 18E(1) or 18F(1); and\n (b) the person does so knowing that the information:\n (i) is false or misleading; or\n (ii) omits any matter or thing without which the information is misleading.\n\nCivil penalty: 60 penalty units.\n\n (8) Subsection (7) does not apply as a result of subparagraph (7)(b)(i) if the information is not false or misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).\n\n (9) Subsection (7) does not apply as a result of subparagraph (7)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).","sortOrder":96},{"sectionNumber":"84A","sectionType":"section","heading":"Publishing details of contraventions of this Act","content":"#### 84A Publishing details of contraventions of this Act\n\n Criminal convictions\n (1) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been convicted of an offence against subsection 8(1) or (2), 9(1) or (3), 12(1) or (2), 13(1) or (2), 15(1) or (2) or 17(1) or (2);\n (b) for an offence against subsection 8(1) or (2) or 9(1) or (3):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for an offence against subsection 12(1) or (2):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for an offence against subsection 13(1) or (2)—a description of the regulated timber product;\n (e) for an offence against subsection 15(1) or (2)—a description of the raw log that was processed;\n (f) for an offence against subsection 17(1) or (2):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the offence as the Secretary considers appropriate.\n (2) A reference in subsection (1) to a person who has been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914 in relation to the offence.\n Civil penalty orders\n (3) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3), 9(4), 12(3), 13(3), 15(3) or 17(3) of this Act;\n (b) for a contravention of subsection 8(3) or 9(4):\n (i) a description of the thing imported and of the illegally logged timber; and\n (ii) the name of the country whose laws have been contravened;\n (c) for a contravention of subsection 12(3):\n (i) a description of the regulated timber product; and\n (ii) details of the due diligence requirements that were not complied with;\n (d) for a contravention of subsection 13(3)—a description of the regulated timber product;\n (e) for a contravention of subsection 15(3)—a description of the raw log that was processed;\n (f) for a contravention of subsection 17(3):\n (i) a description of the raw log that was processed; and\n (ii) details of the due diligence requirements that were not complied with;\n (g) such other details relating to the order as the Secretary considers appropriate.\n Enforceable undertaking orders\n (4) The Secretary may publish on the Department’s website the following information:\n (a) the name of a person who has been the subject of an order under subsection 115(2) of the Regulatory Powers Act, to the extent that Act relates to subsection 8(1), (2) or (3), 9(1), (3) or (4), 12(1), (2) or (3), 13(1), (2) or (3), 15(1), (2) or (3) or 17(1), (2) or (3) of this Act;\n (b) a description of the undertaking given by the person;\n (c) a description of the nature of the breach of the undertaking by the person;\n (d) such other details relating to the order as the Secretary considers appropriate.","sortOrder":97},{"sectionNumber":"85","sectionType":"section","heading":"Delegation by Secretary","content":"#### 85 Delegation by Secretary\n\n (1) The Secretary may, in writing, delegate the Secretary’s powers and functions under this Act to an SES employee, or acting SES employee, in the Department.\n (2) A person exercising powers or functions under a delegation under subsection (1) must comply with any directions of the Secretary.","sortOrder":98},{"sectionNumber":"85A","sectionType":"section","heading":"Treatment of partnerships","content":"#### 85A Treatment of partnerships\n\n (1) This Act and the rules apply to a partnership as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the partnership by this Act or the rules is imposed on each partner instead, but may be discharged by any of the partners.\n (3) If this Act or the rules would otherwise permit something to be done by the partnership, the thing may be done by one or more of the partners on behalf of the partnership.\n (4) An offence against this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the partnership is taken to have been contravened by each partner in the partnership, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n (6) For the purposes of this Act and the rules, a change in the composition of a partnership does not affect the continuity of the partnership.","sortOrder":99},{"sectionNumber":"85B","sectionType":"section","heading":"Treatment of trusts","content":"#### 85B Treatment of trusts\n\n (1) This Act and the rules apply to a trust as if it were a person, but with the changes set out in this section.\n Trusts with a single trustee\n (2) If the trust has a single trustee:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on the trustee instead; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by the trustee; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee; and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by the trustee.\n Trusts with multiple trustees\n (3) If the trust has 2 or more trustees:\n (a) an obligation that would otherwise be imposed on the trust by this Act or the rules is imposed on each trustee instead, but may be discharged by any of the trustees; and\n (b) if this Act or the rules would otherwise permit something to be done by the trust, the thing may be done by one or more of the trustees on behalf of the trust; and\n (c) an offence against this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee); and\n (d) a civil penalty provision of this Act that would otherwise have been contravened by the trust is taken to have been contravened by each trustee of the trust, at the time the provision was contravened, who:\n (i) did the relevant act or made the relevant omission; or\n (ii) aided, abetted, counselled or procured the relevant act or omission; or\n (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).","sortOrder":100},{"sectionNumber":"85C","sectionType":"section","heading":"Treatment of unincorporated bodies or associations","content":"#### 85C Treatment of unincorporated bodies or associations\n\n (1) This Act and the rules apply to an unincorporated body or association as if it were a person, but with the changes set out in this section.\n (2) An obligation that would otherwise be imposed on the body or association by this Act or the rules is imposed on each member of the body’s or association’s committee of management instead, but may be discharged by any of the members.\n (3) If this Act or the rules would otherwise permit something to be done by the body or association, the thing may be done by one or more of the members of the body’s or association’s committee of management on behalf of the body or association.\n (4) An offence against this Act that would otherwise have been committed by the body or association is taken to have been committed by each member of the body’s or association’s committee of management, at the time the offence was committed, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).\n (5) A civil penalty provision of this Act that would otherwise have been contravened by the body or association is taken to have been contravened by each member of the committee of management of the body or association, at the time the provision was contravened, who:\n (a) did the relevant act or made the relevant omission; or\n (b) aided, abetted, counselled or procured the relevant act or omission; or\n (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).","sortOrder":101},{"sectionNumber":"85D","sectionType":"section","heading":"Protection from civil proceedings","content":"#### 85D Protection from civil proceedings\n\n (1) No civil proceeding lies against the Commonwealth or a protected person in relation to anything done, or omitted to be done, in good faith by a protected person in the performance or purported performance of a function, or the exercise or purported exercise of a power, conferred by this Act or the rules.\n (2) Protected person means a person who is, or was, any of the following:\n (a) the Minister;\n (b) the Secretary;\n (c) an APS employee in the Department;\n (d) an inspector;\n (e) an auditor.","sortOrder":102},{"sectionNumber":"86","sectionType":"section","heading":"Rules","content":"#### 86 Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n (a) required or permitted by this Act to be prescribed by the rules; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n Incorporation of other instruments\n (2) Despite subsection 14(2) of the Legislation Act 2003, the rules may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.\n Exception\n (3) To avoid doubt, the rules may not do the following:\n (a) create an offence or civil penalty;\n (b) provide powers of:\n (i) arrest or detention; or\n (ii) entry, search or seizure;\n (c) impose a tax;\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n (e) directly amend the text of this Act.","sortOrder":103}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Section 15(4) and Section 17(4)","severity":"high","reasoning":"The Act's stated purpose is to combat illegal logging. However, the exception in ss.15(4) and 17(4) means that illegally logged timber, once imported, can be processed without any criminal or civil liability for the processor. A domestic processor could receive timber that was illegally logged overseas, and as long as it was 'imported', they face no liability under Part 3. This is internally inconsistent with the prohibition on importing illegally logged timber in Part 2 (s.8) and the Act's overall purpose.","confidence":0.87,"description":"Imported raw logs are exempt from both the prohibition on processing illegally logged raw logs (s.15) and the due diligence requirements for processing (s.17). This creates a perverse incentive: a processor who sources an illegally logged raw log domestically commits an offence, but if that same log is briefly imported first, the processor is entirely exempt from both offences. The policy objective of the Act is undermined by this carve-out."},{"type":"circular_definition","section":"Section 13A(2)(b)","severity":"medium","reasoning":"Section 13A(2)(b) requires the due diligence system to set out how the person will meet requirements 'covered by subsection 14(1)', but s.14(1) is merely a permissive rule-making power ('the rules may prescribe'). The content of the due diligence system is thus entirely dependent on subordinate legislation that may or may not exist, making the primary legislative definition substantively empty until rules are made.","confidence":0.75,"description":"Circular definition: A 'due diligence system' for importing regulated timber products is defined as a system that sets out the process by which the person will meet 'the due diligence requirements, covered by subsection 14(1)'. However, s.14(1) merely states that 'the rules may prescribe other due diligence requirements'. If no rules have been made under s.14(1), or if the rules are silent, there are no 'other requirements' to set out a process for, rendering the due diligence system definition partially vacuous."},{"type":"circular_definition","section":"Section 17A(2)(b)","severity":"medium","reasoning":"Identical structural flaw to s.13A(2)(b) applied to the processing context. The due diligence system's content is dependent on rules that 'may' but need not be made.","confidence":0.75,"description":"Same circular definition issue as s.13A(2)(b) but for processing raw logs. A 'due diligence system' for processing raw logs must set out how the person will meet requirements 'covered by subsection 18(1)', which is again merely a permissive rule-making power. The definition is substantively hollow without supporting rules."},{"type":"self_contradicting","section":"Section 3(1) and Section 3(2)","severity":"medium","reasoning":"Binding the Crown while simultaneously immunising it from every available enforcement sanction (criminal prosecution and pecuniary penalties) renders the 'binding' provision largely nominal. If the Commonwealth or a Commonwealth authority imports illegally logged timber or fails to conduct due diligence, there is no mechanism to penalise them, contradicting the apparent purpose of s.3(1).","confidence":0.82,"description":"The Crown is bound by the Act (s.3(1)), but the Act does not make the Crown liable to a pecuniary penalty or prosecution for an offence (s.3(2)). Given that virtually all enforcement mechanisms in the Act are either criminal penalties or civil pecuniary penalties, the practical effect is that the Crown is bound by the Act but faces no meaningful enforcement consequences whatsoever for non-compliance."},{"type":"other","section":"Section 8 and Section 9","severity":"medium","reasoning":"Section 9 adds only the additional element that the thing is a 'regulated timber product' (a subset of all timber products). Since s.8 already covers all timber products including regulated ones, a person importing an illegally logged regulated timber product simultaneously commits offences under s.8(1) and s.9(1), attracting the same maximum penalty (5 years or 500 penalty units). While double jeopardy protections and the rule against double punishment may mitigate this in practice, the structural duplication creates unnecessary legal complexity and potential unfairness.","confidence":0.78,"description":"Sections 8 and 9 create largely duplicative offences. Section 8 prohibits importing any thing that is, is made from, or includes, illegally logged timber. Section 9 creates an identical offence for the same conduct where the thing is also a 'regulated timber product'. Every importation that contravenes s.9 necessarily also contravenes s.8, exposing a person to double jeopardy for the same physical act of importation, with identical penalties."},{"type":"other","section":"Section 18(3)(a)(iii)","severity":"low","reasoning":"There is an asymmetry between the importing due diligence framework (which references compliance with laws of the 'country' of harvest, capturing international sources) and the processing due diligence framework (which only references laws of a 'State or Territory'). While imported raw logs are exempted from processing offences under s.15(4), the due diligence framework for processing appears to have been drafted only for domestically sourced logs, potentially creating gaps.","confidence":0.65,"description":"The due diligence requirements for processing raw logs may include 'evidence of compliance with the laws of the State or Territory in which raw logs were harvested' (s.18(3)(a)(iii)). However, the definition of 'illegally logged' in s.7 covers timber 'harvested in contravention of laws in force in the place (whether or not in Australia)'. For the import prohibition, s.14(3)(a)(iii) requires evidence of compliance with 'the laws of the country in which timber was harvested'. The processing due diligence provisions in s.18 only reference State or Territory laws, not overseas laws, even though raw logs can originate from overseas even if not technically 'imported' (e.g. logs from external territories, or ambiguous jurisdictional situations)."},{"type":"other","section":"Section 21(8)","severity":"low","reasoning":"Section 21(6) provides that the Secretary is the relevant chief executive. Section 21(7) is the actual delegation power. Section 21(8) requires persons exercising powers under a delegation under s.21(6) to comply with directions, but s.21(6) contains no delegation—it merely identifies the Secretary. The obligation in s.21(8) attaches to the wrong subsection reference, creating ambiguity about whether it actually applies to delegates.","confidence":0.72,"description":"Drafting error: Section 21(8) states 'A person exercising powers or functions under a delegation under subsection (6) must comply with any directions of the Secretary.' However, the delegation power for monitoring is in subsection (7), not subsection (6). Subsection (6) defines who the 'relevant chief executive' is (i.e., the Secretary). The cross-reference in s.21(8) to 'subsection (6)' is incorrect and should refer to 'subsection (7)'."},{"type":"self_contradicting","section":"Section 82(1) and Section 82(2)(d)","severity":"medium","reasoning":"The carve-out in s.82(2)(d) means that if an individual provides a declaration or notice that reveals they previously failed to comply (e.g., admitted non-compliance in a customs declaration), that admission can be used to prosecute them for the failure. This partially undermines the protection supposedly offered by the self-incrimination abrogation regime.","confidence":0.68,"description":"The privilege against self-incrimination is abrogated under s.82(1), but the protection afforded by s.82(2) does not extend to proceedings for offences under the very sections that compel disclosure (ss.13, 18B, 18C, 18E, 18F, 31). This means an individual compelled to make a declaration or give information cannot use the information obtained as a result against themselves in most criminal proceedings, but CAN be prosecuted using that compelled disclosure for a failure to comply with those same sections. The individual is compelled to self-incriminate as to the act of non-compliance itself."}],"contradictions":[{"severity":"medium","section_a":"Section 8 (importing illegally logged timber—no constitutional nexus required)","section_b":"Section 15 (processing illegally logged raw logs—constitutional nexus required)","confidence":0.85,"description":"The offence of importing illegally logged timber in s.8 applies to any person who imports, without requiring any constitutional nexus (corporation, trade and commerce, etc.). By contrast, the offence of processing illegally logged raw logs in s.15 expressly requires a constitutional nexus (the person must be a constitutional corporation or be processing in the course of trade and commerce, etc.). This creates an asymmetry where a small sole trader who imports illegally logged timber commits an offence under s.8, but an identical sole trader who processes an illegally logged raw log domestically falls outside s.15 entirely."},{"severity":"low","section_a":"Section 14(3)(a)(iii) — importing due diligence: evidence of compliance with laws of 'country' of harvest","section_b":"Section 18(3)(a)(iii) — processing due diligence: evidence of compliance with laws of 'State or Territory' of harvest","confidence":0.8,"description":"The due diligence information-gathering requirements for importers reference compliance with laws of the 'country' in which timber was harvested (covering international sources), while the equivalent provision for processors only references the 'State or Territory' in which raw logs were harvested. This asymmetry is unexplained and creates inconsistent due diligence standards across what is meant to be a symmetrical regulatory regime for importers and processors."},{"severity":"low","section_a":"Section 5 — concurrent operation of State and Territory laws","section_b":"Section 3(2) — Crown not liable to pecuniary penalty or prosecution","confidence":0.6,"description":"Section 5 preserves concurrent State and Territory laws capable of operating alongside the Act. However, if a State or Territory law imposes pecuniary penalties or criminal liability on the Crown for illegal logging conduct, s.3(2) immunises the Crown from those consequences when acting in its Commonwealth capacity. The interaction between Commonwealth Crown immunity (s.3(2)) and concurrently operating State/Territory laws (s.5) creates uncertainty about whether State penalties can be enforced against Commonwealth entities for illegal logging conduct."},{"severity":"high","section_a":"Section 15(4) — processing: imported raw logs exempt","section_b":"Section 8 — importing illegally logged timber prohibited","confidence":0.88,"description":"Section 8 prohibits importing illegally logged timber (including raw logs). However, once an illegally logged raw log has been imported (in contravention of s.8), s.15(4) exempts any subsequent processor of that log from the processing prohibition entirely. The Act therefore creates a situation where the import is illegal but the downstream processing of the illegally imported log is expressly lawful, effectively sanitising the downstream supply chain from an illegally logged imported raw log."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2012 Act was relatively narrow, focusing primarily on the import prohibition and basic due diligence. The legislation has expanded significantly through amendments (particularly the 2024 amendments referenced in section 83A) to include: a comprehensive information management framework (Part 4A), specific notification requirements for both imports and domestic processing (Part 3A), detailed audit powers (Division 9 of Part 4), and enhanced information gathering powers (Part 3B). The scope has grown from a simple prohibition with due diligence to a comprehensive regulatory regime with extensive surveillance, reporting, and enforcement mechanisms."},"complexity_factors":["Extensive cross-referencing to the Regulatory Powers (Standard Provisions) Act 2014 for enforcement mechanisms (monitoring, investigation, civil penalties, infringement notices, undertakings, injunctions)","Multiple layers of delegated legislation ('rules') that prescribe key operational details including: what constitutes a 'regulated timber product', specific due diligence requirements, exemptions, and information to be provided in notices","Dual criminal and civil penalty regimes for most offences, with both fault-based and strict liability offences","Constitutional limitations on domestic processing provisions (applying only to constitutional corporations, interstate/international trade, or Commonwealth dealings) creating jurisdictional complexity","Staggered commencement dates for different provisions (original Act had 2-year delays for key due diligence provisions)","Detailed information management provisions (Part 4A) with specific authorised disclosure pathways to foreign governments, states, and for research","Abrogation of privilege against self-incrimination with specific use/derivative use immunity provisions","Interaction with multiple other Acts: Customs Act 1901, Biosecurity Act 2015, Criminal Code, Privacy Act 1988, and Public Governance, Performance and Accountability Act 2013"],"plain_english_summary":"This law bans bringing illegally logged timber into Australia and processing illegally logged raw logs. It forces importers of timber products and processors of raw logs to check their supply chains to make sure the wood wasn't harvested illegally overseas or in breach of local laws.\n\n**Key things the law does:**\n\n* **Bans illegal timber:** It's a crime (with potential jail time and heavy fines) to import timber that was logged illegally in its country of origin, or to process illegally logged raw logs in Australia.\n* **Due diligence required:** Businesses importing \"regulated timber products\" (a list set by government rules) must have a written system to check their timber's legal origin. They must also declare to the Customs Minister that they've done these checks.\n* **Domestic processors covered:** Companies processing raw logs (turning them into lumber, for example) must also conduct due diligence, but only if they're large enough to be caught by constitutional trade powers (interstate or international trade) or are dealing with the Commonwealth government.\n* **Notification requirements:** People must notify the government when regulated timber products arrive at Australian ports, and when raw logs are processed.\n* **Enforcement powers:** Government inspectors can enter premises, seize documents, take samples of timber, and conduct audits. The law uses the Regulatory Powers Act to allow monitoring, investigations, civil penalties, infringement notices, enforceable undertakings, and court injunctions.\n* **Information sharing:** The law allows government officials to share information with foreign governments, other Australian agencies, and for law enforcement purposes, subject to privacy protections.\n\n**Who it affects:**\n\n* Importers of timber and timber products (furniture, paper, etc.).\n* Sawmills and processors of raw logs in Australia.\n* Customs brokers and freight forwarders handling timber imports.\n\n**Why it matters:**\nIt aims to stop Australia from being a market for illegally harvested timber, which harms forests, biodiversity, and legitimate businesses. It puts the burden on companies to prove their timber is legal, rather than on the government to catch every illegal shipment at the border."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original scope (prohibiting illegal timber imports and requiring due diligence) has been expanded significantly through amendments. Notably, Part 3A (notice requirements for timber products being unloaded and for log processing), Part 3B (information gathering powers), and Part 4A (a comprehensive information management regime) appear to have been added after the original enactment, as evidenced by the commencement table only covering sections up to 86 and the existence of provisions referencing a 2024 amending Act (the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024 referenced in section 83A). The law has grown from a relatively straightforward import prohibition into a broader supply-chain compliance, monitoring, and information-sharing regime."},"complexity_factors":["Multiple overlapping penalty tiers for the same conduct (fault-based criminal offences, strict liability offences, and civil penalty provisions all applying simultaneously to identical factual circumstances)","Heavy reliance on external legislative frameworks — particularly the Regulatory Powers (Standard Provisions) Act 2014 — meaning the full legal effect cannot be understood from this Act alone","Constitutional law complexity: the processing provisions depend on multiple heads of constitutional power (corporations power, trade and commerce, Commonwealth authorities) creating distinct legal pathways to liability","Key definitions (especially 'regulated timber product' and due diligence requirements) are substantially delegated to subordinate 'rules' rather than defined in the Act itself, requiring reference to secondary legislation","Staggered commencement dates for different sections, creating a complex timeline of when obligations came into force","Nuanced privilege against self-incrimination provisions that carve out exceptions and interact with criminal evidence law","Detailed information-sharing regime (Part 4A) with multiple conditional authorisation pathways across government bodies, foreign governments, courts, and research entities","Exception-within-exception structure (e.g., imported raw logs exempt from processing offences but not necessarily from other requirements)"],"plain_english_summary":"This law bars trade in timber harvested illegally overseas or in Australia, targeting importers and corporate timber processors. Affected businesses must have written due‑diligence systems, check timber origins, lodge declarations and give advance notice; processors must notify when handling logs. Breaches carry heavy penalties (including prison, large fines, forfeiture and on‑the‑spot fines), inspectors can search and audit, and consumers are indirectly protected rather than directly regulated."}},"importantCases":[],"_links":{"self":"/api/acts/illegal-logging-prohibition-act-2012","history":"/api/acts/illegal-logging-prohibition-act-2012/history","analysis":"/api/acts/illegal-logging-prohibition-act-2012/analysis","conflicts":"/api/acts/illegal-logging-prohibition-act-2012/conflicts","importantCases":"/api/acts/illegal-logging-prohibition-act-2012/important-cases","documents":"/api/acts/illegal-logging-prohibition-act-2012/documents"}}