17Processing raw logs

17 Processing raw logs

Fault‑based offence (1) A person commits an offence if: (a) the person processes a raw log into something other than a raw log; and (b) the person is a constitutional corporation, or the person processes the raw log: (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 (ii) on behalf of a constitutional corporation; or (iii) for the purposes of supplying timber products to a constitutional corporation; or (iv) on behalf of the Commonwealth or a Commonwealth authority; or (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and (c) the person does not comply with one or more due diligence requirements for processing the raw log; and (d) the raw log is not of a kind 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 processes a raw log into something other than a raw log; and (b) the person is a constitutional corporation, or the person processes the raw log: (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 (ii) on behalf of a constitutional corporation; or (iii) for the purposes of supplying timber products to a constitutional corporation; or (iv) on behalf of the Commonwealth or a Commonwealth authority; or (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and (c) the person does not comply with one or more due diligence requirements for processing the raw log; and (d) the raw log is not of a kind 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 processes a raw log into something other than a raw log; and (b) the person is a constitutional corporation, or the person processes the raw log: (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 (ii) on behalf of a constitutional corporation; or (iii) for the purposes of supplying timber products to a constitutional corporation; or (iv) on behalf of the Commonwealth or a Commonwealth authority; or (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and (c) the person does not comply with one or more due diligence requirements for processing the raw log; and (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.

Civil penalty: 100 penalty units.

Exception—imported raw logs (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.