18ERequirement to give information or documents to Secretary—importers

18E Requirement to give information or documents to Secretary—importers

Secretary may request information or documents (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: (a) the person’s due diligence system in place at the time the person imported the regulated timber product; or (b) the person’s compliance with the due diligence requirements for importing regulated timber products.

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).

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

(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. (3) The notice must set out the effect of the following: (a) subsections (4) and (5) (about an offence or civil penalty for failing to comply with the notice); (b) subsections 84(5) and (7) (about a civil penalty for giving false or misleading information or documents); (c) section 137.1 of the Criminal Code (about giving false or misleading information); (d) section 137.2 of the Criminal Code (about producing false or misleading documents). Strict liability offence (4) A person commits an offence of strict liability if: (a) the person is given a notice under subsection (1); and (b) the person fails to comply with the notice.

Penalty: 30 penalty units.

Civil penalty provision (5) A person contravenes this subsection if: (a) the person is given a notice under subsection (1); and (b) the person fails to comply with the notice.

Civil penalty: 100 penalty units.