12Importing regulated timber products

12 Importing regulated timber products

Fault‑based offence (1) A person commits an offence if: (a) the person imports a thing; and (b) the thing is a regulated timber product; and (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.

Penalty: 300 penalty units.

Strict liability offence (2) A person commits an offence of strict liability if: (a) the person imports a thing; and (b) the thing is a regulated timber product; and (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.

Penalty: 60 penalty units.

Civil penalty provision (3) A person contravenes this subsection if: (a) the person imports a thing; and (b) the thing is a regulated timber product; and (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.

Civil penalty: 100 penalty units.

Exception (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.

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.