18BNotice of regulated timber products to be unloaded in Australia

18B Notice of regulated timber products to be unloaded in Australia

(1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be: (a) brought into Australia; and (b) unloaded at a landing place or port in Australia; other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia.

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).

Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).

(2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product. (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. (4) The notice must: (a) include the information in relation to the regulated timber product that is prescribed by the rules; and (b) be given in the manner prescribed by the rules; and (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 (d) be in the form approved in an instrument under subsection (5). (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d). (6) The rules may prescribe exceptions to the requirement to give a notice under this section.

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.

Strict liability offence (7) A person commits an offence of strict liability if: (a) a regulated timber product is unloaded as referred to in subsection (1); and (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.

Penalty: 60 penalty units.

Civil penalty provision (8) A person contravenes this subsection if: (a) a regulated timber product is unloaded as referred to in subsection (1); and (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and (d) no other person gives a notice in relation to the regulated timber product in accordance with this section.