18FRequirement to give information or documents to Secretary—processors

18F Requirement to give information or documents to Secretary—processors

Secretary may request information or documents (1) The Secretary may, by written notice given to a person who is covered by subsection (4) and has processed a raw log into something other than a raw log, 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 processed the raw log; or (b) the person’s compliance with the due diligence requirements for processing raw logs.

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 (5) and (6) (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). (4) A person is covered by this subsection if: (a) the person is a constitutional corporation; or (b) the person processed 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. Strict liability offence (5) 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 (6) 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.