18CNotice of the processing of a raw log into something other than a raw log

18C Notice of the processing of a raw log into something other than a raw log

(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: (a) the person is a constitutional corporation; or (b) 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.

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) 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. (3) The notice must: (a) include the information in relation to the raw log or processing that is prescribed by the rules; and (b) be given in the manner prescribed by the rules; and (c) be given before the end of the following period after the raw log is processed into something other than a raw log: (i) 1 month, unless subparagraph (ii) applies; (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and (d) be in the form approved in an instrument under subsection (4). (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d). (5) 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 (6) A person commits an offence of strict liability if: (a) the person is required to give a notice under subsection (1); and (b) the person does not give the notice in accordance with this section.

Penalty: 60 penalty units.

Civil penalty provision (7) A person contravenes this subsection if: (a) the person is required to give a notice under subsection (1); and (b) the person does not give the notice in accordance with this section.

Civil penalty: 100 penalty units.