Part 1
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
This regulation bars illegally logged timber from being imported to or processed in Australia by requiring affected businesses—importers and processors of timber, paper and wood products—to implement a written due‑diligence system. They must collect supply-chain info, assess risk (via approved certification, country guidance, or their own assessment), remediate non‑low risks, keep records for five years and declare compliance at import.
Exemptions cover wholly recycled timber and shipments under $1,000; breaches attract civil penalties (~$27,500).
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Direct links to the current provisions in Illegal Logging Prohibition Regulation 2012.
This regulation is the Illegal Logging Prohibition Regulation 2012.
In this regulation:
Act means the Illegal Logging Prohibition Act 2012.
country specific guideline means a guideline prescribed in Part 2 of Schedule 2.
Note: See paragraph 12(1)(a).
State specific guideline means a guideline prescribed in Part 3 of Schedule 2.
Note: See paragraph 21(1)(a).
timber legality framework means a framework prescribed in Part 1 of Schedule 2.
Note: See paragraphs 11(1)(a) and 20(1)(a).
This regulation is the Illegal Logging Prohibition Regulation 2012.
In this regulation:
Act means the Illegal Logging Prohibition Act 2012.
country specific guideline means a guideline prescribed in Part 2 of Schedule 2.
Note: See paragraph 12(1)(a).
State specific guideline means a guideline prescribed in Part 3 of Schedule 2.
Note: See paragraph 21(1)(a).
timber legality framework means a framework prescribed in Part 1 of Schedule 2.
Note: See paragraphs 11(1)(a) and 20(1)(a).
For subsection 9(3) of the Act, the timber products listed in Schedule 1 are prescribed.
(1) For paragraphs 12(d) and 13(d) of the Act, the following things, or parts of things, are prescribed as exempt: (a) a regulated timber product that is entirely made from recycled material; (b) if a regulated timber product is partially made from recycled material—the part of the regulated timber product that is made from recycled material; (c) a regulated timber product that is imported as part of a consignment if the combined value of the regulated timber products in the consignment, on import, does not exceed $1 000. (2) In this section, timber in a regulated timber product is recycled material if: (a) the material has been, or has been part of, another product; and (b) at the time the material was removed from that other product, that product was no longer used for its intended purpose and was considered to be waste; and (c) the material has been used as a raw material in the regulated timber product. (3) However, material in a regulated timber product is not recycled material if the material is the by‑product of a manufacturing process.
Note: Example: Sawdust or off‑cuts from sawn timber used to make particle board or medium density fibreboard.
(1) This section applies in relation to a regulated timber product that is partially made from recycled material. (2) The due diligence requirements prescribed in Divisions 2 and 3 do not apply to that part of the regulated timber product that is prescribed by section 6 as exempt.
For paragraph 13(c) of the Act, the form of a declaration to the Customs Minister about a person’s compliance with the due diligence requirements for importing a regulated timber product is a declaration to that effect included in an import entry lodged in accordance with the Customs Act 1901.
For subsection 14(1) of the Act, this Division prescribes the due diligence requirements for importing regulated timber products.
(1) An importer must, before importing a regulated timber product, have a due diligence system. (2) For subsection (1), the due diligence system must: (a) be in writing; and (b) set out the process by which the importer will meet the due diligence requirements mentioned in this Division that apply to the import of the regulated timber product; and (c) include the following information: (i) the importer’s name, street address, postal address, telephone number and email address; (ii) if the importer is not an individual—information about the person who is responsible for maintaining the system, including the person’s name, position and contact details, including telephone number and email address; (iii) if the regulated timber product is to be imported in connection with a business carried on by the importer—the principal business activity conducted by the importer and the importer’s ABN or ACN; and (e) include a written record of the system. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) An importer must, before importing a regulated timber product, obtain as much of the information about the product mentioned in subsection (2) as it is reasonably practicable for the importer to obtain. (2) The information is the following: (a) a description of the regulated timber product, including: (i) the type of product, and the trade name of the product; and (ii) the common name, genus or scientific name of the tree from which the timber in the product is derived; (b) the country, the region of the country and the forest harvesting unit in which the timber in the product was harvested; (c) the country in which the product was manufactured; (d) the name, address, trading name, business and company registration number (if any) of the supplier of the product; (e) the quantity of the shipment of the product, expressed in volume, weight or number of units; (f) the documentation provided, or that will be provided, by the supplier in relation to the purchase of the product; (g) if a timber legality framework applies to the timber in the product, or the area in which the timber is harvested—a copy of the licence or certificate issued to the harvester of the timber, or other relevant person in relation to the timber, that provides evidence of compliance with the standards or requirements of the framework; (h) if a country specific guideline applies to the timber in the product, or the place in which the timber is harvested—the information or evidence (such as a certificate, licence or other document) relating to the product that the guideline requires the importer to obtain; (i) evidence that the product has not been illegally logged, which, without limiting the evidence, may include evidence about: (i) whether the harvesting of the species of tree from which the timber in the product is derived is prohibited in the place where the timber has been harvested; and (ii) if the harvesting of the timber in the place is authorised by legislation (including regulations)—whether the requirements of the legislation have been met for the harvesting of the timber; and (iii) if payment is required for the right to harvest the timber—whether that payment has been made; and (iv) if a person has legal rights of use and tenure in relation to the place in which the timber is harvested—whether the harvest of the timber is inconsistent with the law establishing or protecting those rights. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) a timber legality framework prescribed in Part 1 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and (b) the importer elects to use the procedures in subsection (2). (2) The importer must, before importing the product: (a) assess whether the information and evidence obtained by the use of the framework is accurate and reliable; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the framework and consideration of the information gathered in accordance with subsection 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) a country specific guideline prescribed in Part 2 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and (b) the importer elects to use the procedures in subsection (2). (2) The importer must, before importing the product: (a) assess the information gathered in accordance with subsection 10(1), by the use of the guideline; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the guideline and consideration of the information gathered in accordance with subsection 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) the importer does not elect to use the procedures in subsection 11(2) or 12(2); or (b) the importer: (i) elects to use the procedures in subsection 11(2) or 12(2); and (ii) is unable, by the use of those procedures, to identify no risk or a low risk that the regulated timber product is, is made from, or includes, illegally logged timber. (2) The importer must, before importing the product: (a) identify and assess (to the standard set out in subsection (2A)) the risk that the regulated timber product is, is made from, or includes, illegally logged timber by: (i) assessing the information gathered in accordance with subsection 10(1); and (ii) considering the factors mentioned in subsection (3); and (b) make a written record of the assessment and risk identification process undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(a), and any outcome of that identification and assessment, must be reasonable. (3) For subparagraph (2)(a)(ii), the factors are the following: (a) the prevalence of the following: (i) illegal logging in general in the area in which the timber in the product is harvested; (ii) illegal harvesting in the area of the species of tree from which the timber in the product is derived; (iii) armed conflict in that area; (b) the complexity of the product; (c) any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) section 13 applies in relation to the product; and (b) the importer has identified a risk that the product may be, may be made from, or may include, illegally logged timber; and (c) the risk is not a low risk. (2) The importer must, before importing the regulated timber product: (a) conduct a risk mitigation process that is adequate and proportionate to the identified risk; and (b) make a written record of the risk mitigation process undertaken in accordance with this section. (3) The risk mitigation process may include the following steps: (a) obtain further information about the product, including any certification or independent assessment in relation to the product; (b) reassess the risk that the product may be, may be made from, or may include, illegally logged timber, including by using the procedures in subsection 11(2), 12(2) or 13(2); (c) not import the product. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
Secretary may request information (1) The Secretary may request information from an importer about: (a) the importer’s due diligence system in place at the time of the import of a regulated timber product; and (b) the importer’s compliance with the requirements of the importer’s due diligence system in relation to the import of the regulated timber product. (2) The request must: (a) be in writing; and (b) include a date for compliance which is at least 28 days after the date of the request. Importer to comply with request for information (3) The importer must provide to the Secretary, in writing, the information requested by the date specified in the request. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (3).
Civil penalty: 100 penalty units.
(1) An importer must keep a record mentioned in the following table for the period specified for the record.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="5" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Due diligence records</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Kind of record</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Relevant provision</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Period for retention of record</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Written record of importer’s due diligence system in place at the time of the import of each regulated timber product</span></p></td><td style="width:29.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>9(2)(e)</span></p></td><td style="width:29.96%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Information gathered by an importer about a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Section</span><span> </span><span>10</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the identification of risk against a timber legality framework or a country specific guideline for a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>11(2)(d) or 12(2)(d)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the assessment and risk identification process undertaken by an importer in relation to a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>13(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:29.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the risk mitigation process undertaken by an importer in relation to a regulated timber product</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>14(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr></tbody><tbody><tr style="height:0pt"><td style="width:43pt"></td><td style="width:127.35pt"></td><td style="width:0.5pt"></td><td style="width:127.85pt"></td><td style="width:127.75pt"></td></tr></tbody></table>
Civil penalty provision (2) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
For subsection 18(1) of the Act, this Division prescribes the due diligence requirements for processing a raw log into something other than a raw log.
(1) A processor must, before processing a raw log, have a due diligence system. (2) For subsection (1), the due diligence system must: (a) be in writing; and (b) set out the process by which the processor will meet the due diligence requirements mentioned in this Division that apply to the processing of the raw log; and (c) include the following information: (i) the processor’s name, street address, postal address, telephone number and email address; (ii) if the processor is not an individual—information about the person who is responsible for maintaining the system, including the person’s name, position and contact details, including telephone number and email address; (iii) if the raw log is to be processed in connection with a business carried on by the processor—the principal business activity conducted by the processor and the processor’s ABN or ACN; and (e) include a written record of the system. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) A processor must, before processing a raw log, obtain as much of the information about the raw log mentioned in subsection (2) as it is reasonably practicable for the processor to obtain. (2) The information is the following: (a) a description of the raw log, including: (i) the common name, genus or scientific name of the tree from which the raw log is derived; and (ii) the area in which the raw log is harvested, including the State or Territory and the forest harvesting unit; (b) the name, address, trading name, business and company registration number (if any) of the supplier of the raw log; (c) the quantity of raw logs to be processed, expressed in volume, weight or number of units; (d) the documentation provided, or that will be provided, by the supplier in relation to the purchase of the raw log; (e) if a timber legality framework applies to the raw log, or the area in which the raw log is harvested—a copy of the licence or certificate issued to the harvester of the raw log, or other relevant person in relation to the raw log, that provides evidence of compliance with the standards or requirements of the framework; (f) if a State specific guideline applies to the raw log, or the place in which the raw log is harvested—the information or evidence (such as a certificate, licence or other document) relating to the raw log that the guideline requires the processor to obtain; (g) evidence that the raw log has not been illegally logged, which may include evidence about: (i) whether the harvesting of the species of tree from which the raw log is derived is prohibited in the place where the raw log has been harvested; and (ii) if the harvesting of the raw log in the place is authorised by legislation (including regulations)—whether the requirements of the legislation have been met for the harvesting of the raw log; and (iii) if payment is required for the right to harvest the raw log—whether that payment has been made; and (iv) if a person has legal rights of use and tenure in relation to the place in which the raw log is harvested—whether the harvest of the raw log is inconsistent with the law establishing or protecting those rights. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) a timber legality framework prescribed in Part 1 of Schedule 2 applies to the raw log, or the area in which the raw log is harvested; and (b) the processor elects to use the procedures in subsection (2). (2) The processor must, before processing the raw log: (a) assess whether the information and evidence obtained by the use of the framework is accurate and reliable; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the framework and consideration of the information gathered in accordance with subsection 19(1), whether there is a risk that the raw log is illegally logged; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) a State specific guideline prescribed in Part 3 of Schedule 2 applies to the raw log, or the area in which the raw log is harvested; and (b) the processor elects to use the procedures in subsection (2). (2) The processor must, before processing the raw log: (a) assess the information gathered in accordance with subsection 19(1), by the use of the guideline; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the guideline and consideration of the information gathered in accordance with subsection 19(1), if there is a risk that the raw log is illegally logged; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) the processor does not elect to use the procedures in subsection 20(2) or 21(2); or (b) the processor: (i) elects to use the procedures in subsection 20(2) or 21(2); and (ii) was unable, by the use of those procedures, to identify no risk or a low risk that the raw log is illegally logged. (2) The processor must, before processing the raw log: (a) identify and assess (to the standard set out in subsection (2A)) the risk that the raw log is illegally logged by: (i) assessing the information gathered in accordance with subsection 19(1); and (ii) considering the factors mentioned in subsection (3); and (b) make a written record of the assessment and risk identification process undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(a), and any outcome of that identification and assessment, must be reasonable. (3) For subparagraph (2)(a)(ii), the factors are the following: (a) the prevalence of illegal logging in general in the area in which the raw log is harvested; (b) the prevalence of illegal harvesting in the area of the species of tree from which the raw log is derived; (c) any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged. Civil penalty provision (4) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) section 22 applies in relation to the raw log; and (b) the processor has identified a risk that the raw log may be illegally logged; and (c) the risk is not a low risk. (2) The processor must, before processing the raw log: (a) conduct a risk mitigation process that is adequate and proportionate to the identified risk; and (b) make a written record of the risk mitigation process undertaken in accordance with this section. (3) The risk mitigation process may include the following steps: (a) obtain further information about the raw log, including any certification or independent assessment in relation to the raw log; (b) reassess the risk that the raw log may be illegally logged, including by using the procedures in subsection 20(2), 21(2) or 22(2); (c) not process the raw log. Civil penalty provision (4) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
Secretary may request information (1) The Secretary may request information from a processor about: (a) the processor’s due diligence system in place at the time of the processing of a raw log; and (b) the processor’s compliance with the requirements of the processor’s due diligence system in relation to the processing of the raw log. (2) The request must: (a) be in writing; and (b) include a date for compliance which is at least 28 days after the date of the request. Processor to comply with request for information (3) The processor must provide to the Secretary, in writing, the information requested by the date specified in the request. Civil penalty provision (4) A processor is liable to a civil penalty if the processor contravenes subsection (3).
Civil penalty: 100 penalty units.
(1) A processor must keep a record mentioned in the following table for the period specified in the item.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="4" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Due diligence records</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Kind of record</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Relevant provision</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Period for retention of record</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:29.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Written record of processor’s due diligence system in place at the time of processing of each raw log</span></p></td><td style="width:29.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>18(2)(e)</span></p></td><td style="width:29.96%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Information gathered by a processor about a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Section</span><span> </span><span>19</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the identification of risk against a timber legality framework or a state specific guideline for a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>20(2)(d) or 21(2)(d)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the assessment and risk identification process undertaken by a processor in relation to a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>22(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the risk mitigation process undertaken by a processor in relation to a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>23(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr></tbody></table>
Civil penalty provision (2) A processor is liable to a civil penalty if the processor contravenes subsection (1).
Civil penalty: 100 penalty units.
The amendments made by items 2 and 3 of Schedule 1 to the Illegal Logging Prohibition Amendment (Harmonized System Changes and Other Measures) Regulations 2017 apply in relation to the importation of a thing on or after the commencement of those items.
The amendments made by items 2 and 3 of Schedule 1 to the Illegal Logging Prohibition Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to the importation of a thing on or after 1 January 2022.
This regulation is the Illegal Logging Prohibition Regulation 2012.
In this regulation:
Act means the Illegal Logging Prohibition Act 2012.
country specific guideline means a guideline prescribed in Part 2 of Schedule 2.
Note: See paragraph 12(1)(a).
State specific guideline means a guideline prescribed in Part 3 of Schedule 2.
Note: See paragraph 21(1)(a).
timber legality framework means a framework prescribed in Part 1 of Schedule 2.
Note: See paragraphs 11(1)(a) and 20(1)(a).
For subsection 9(3) of the Act, the timber products listed in Schedule 1 are prescribed.
(1) For paragraphs 12(d) and 13(d) of the Act, the following things, or parts of things, are prescribed as exempt: (a) a regulated timber product that is entirely made from recycled material; (b) if a regulated timber product is partially made from recycled material—the part of the regulated timber product that is made from recycled material; (c) a regulated timber product that is imported as part of a consignment if the combined value of the regulated timber products in the consignment, on import, does not exceed $1 000. (2) In this section, timber in a regulated timber product is recycled material if: (a) the material has been, or has been part of, another product; and (b) at the time the material was removed from that other product, that product was no longer used for its intended purpose and was considered to be waste; and (c) the material has been used as a raw material in the regulated timber product. (3) However, material in a regulated timber product is not recycled material if the material is the by‑product of a manufacturing process.
Note: Example: Sawdust or off‑cuts from sawn timber used to make particle board or medium density fibreboard.
(1) This section applies in relation to a regulated timber product that is partially made from recycled material. (2) The due diligence requirements prescribed in Divisions 2 and 3 do not apply to that part of the regulated timber product that is prescribed by section 6 as exempt.
For paragraph 13(c) of the Act, the form of a declaration to the Customs Minister about a person’s compliance with the due diligence requirements for importing a regulated timber product is a declaration to that effect included in an import entry lodged in accordance with the Customs Act 1901.
For subsection 14(1) of the Act, this Division prescribes the due diligence requirements for importing regulated timber products.
(1) An importer must, before importing a regulated timber product, have a due diligence system. (2) For subsection (1), the due diligence system must: (a) be in writing; and (b) set out the process by which the importer will meet the due diligence requirements mentioned in this Division that apply to the import of the regulated timber product; and (c) include the following information: (i) the importer’s name, street address, postal address, telephone number and email address; (ii) if the importer is not an individual—information about the person who is responsible for maintaining the system, including the person’s name, position and contact details, including telephone number and email address; (iii) if the regulated timber product is to be imported in connection with a business carried on by the importer—the principal business activity conducted by the importer and the importer’s ABN or ACN; and (e) include a written record of the system. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) An importer must, before importing a regulated timber product, obtain as much of the information about the product mentioned in subsection (2) as it is reasonably practicable for the importer to obtain. (2) The information is the following: (a) a description of the regulated timber product, including: (i) the type of product, and the trade name of the product; and (ii) the common name, genus or scientific name of the tree from which the timber in the product is derived; (b) the country, the region of the country and the forest harvesting unit in which the timber in the product was harvested; (c) the country in which the product was manufactured; (d) the name, address, trading name, business and company registration number (if any) of the supplier of the product; (e) the quantity of the shipment of the product, expressed in volume, weight or number of units; (f) the documentation provided, or that will be provided, by the supplier in relation to the purchase of the product; (g) if a timber legality framework applies to the timber in the product, or the area in which the timber is harvested—a copy of the licence or certificate issued to the harvester of the timber, or other relevant person in relation to the timber, that provides evidence of compliance with the standards or requirements of the framework; (h) if a country specific guideline applies to the timber in the product, or the place in which the timber is harvested—the information or evidence (such as a certificate, licence or other document) relating to the product that the guideline requires the importer to obtain; (i) evidence that the product has not been illegally logged, which, without limiting the evidence, may include evidence about: (i) whether the harvesting of the species of tree from which the timber in the product is derived is prohibited in the place where the timber has been harvested; and (ii) if the harvesting of the timber in the place is authorised by legislation (including regulations)—whether the requirements of the legislation have been met for the harvesting of the timber; and (iii) if payment is required for the right to harvest the timber—whether that payment has been made; and (iv) if a person has legal rights of use and tenure in relation to the place in which the timber is harvested—whether the harvest of the timber is inconsistent with the law establishing or protecting those rights. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) a timber legality framework prescribed in Part 1 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and (b) the importer elects to use the procedures in subsection (2). (2) The importer must, before importing the product: (a) assess whether the information and evidence obtained by the use of the framework is accurate and reliable; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the framework and consideration of the information gathered in accordance with subsection 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) a country specific guideline prescribed in Part 2 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and (b) the importer elects to use the procedures in subsection (2). (2) The importer must, before importing the product: (a) assess the information gathered in accordance with subsection 10(1), by the use of the guideline; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the guideline and consideration of the information gathered in accordance with subsection 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) the importer does not elect to use the procedures in subsection 11(2) or 12(2); or (b) the importer: (i) elects to use the procedures in subsection 11(2) or 12(2); and (ii) is unable, by the use of those procedures, to identify no risk or a low risk that the regulated timber product is, is made from, or includes, illegally logged timber. (2) The importer must, before importing the product: (a) identify and assess (to the standard set out in subsection (2A)) the risk that the regulated timber product is, is made from, or includes, illegally logged timber by: (i) assessing the information gathered in accordance with subsection 10(1); and (ii) considering the factors mentioned in subsection (3); and (b) make a written record of the assessment and risk identification process undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(a), and any outcome of that identification and assessment, must be reasonable. (3) For subparagraph (2)(a)(ii), the factors are the following: (a) the prevalence of the following: (i) illegal logging in general in the area in which the timber in the product is harvested; (ii) illegal harvesting in the area of the species of tree from which the timber in the product is derived; (iii) armed conflict in that area; (b) the complexity of the product; (c) any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) section 13 applies in relation to the product; and (b) the importer has identified a risk that the product may be, may be made from, or may include, illegally logged timber; and (c) the risk is not a low risk. (2) The importer must, before importing the regulated timber product: (a) conduct a risk mitigation process that is adequate and proportionate to the identified risk; and (b) make a written record of the risk mitigation process undertaken in accordance with this section. (3) The risk mitigation process may include the following steps: (a) obtain further information about the product, including any certification or independent assessment in relation to the product; (b) reassess the risk that the product may be, may be made from, or may include, illegally logged timber, including by using the procedures in subsection 11(2), 12(2) or 13(2); (c) not import the product. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
Secretary may request information (1) The Secretary may request information from an importer about: (a) the importer’s due diligence system in place at the time of the import of a regulated timber product; and (b) the importer’s compliance with the requirements of the importer’s due diligence system in relation to the import of the regulated timber product. (2) The request must: (a) be in writing; and (b) include a date for compliance which is at least 28 days after the date of the request. Importer to comply with request for information (3) The importer must provide to the Secretary, in writing, the information requested by the date specified in the request. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (3).
Civil penalty: 100 penalty units.
(1) An importer must keep a record mentioned in the following table for the period specified for the record.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="5" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Due diligence records</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Kind of record</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Relevant provision</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Period for retention of record</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Written record of importer’s due diligence system in place at the time of the import of each regulated timber product</span></p></td><td style="width:29.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>9(2)(e)</span></p></td><td style="width:29.96%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Information gathered by an importer about a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Section</span><span> </span><span>10</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the identification of risk against a timber legality framework or a country specific guideline for a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>11(2)(d) or 12(2)(d)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the assessment and risk identification process undertaken by an importer in relation to a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>13(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:29.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the risk mitigation process undertaken by an importer in relation to a regulated timber product</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>14(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr></tbody><tbody><tr style="height:0pt"><td style="width:43pt"></td><td style="width:127.35pt"></td><td style="width:0.5pt"></td><td style="width:127.85pt"></td><td style="width:127.75pt"></td></tr></tbody></table>
Civil penalty provision (2) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
For subsection 18(1) of the Act, this Division prescribes the due diligence requirements for processing a raw log into something other than a raw log.
(1) A processor must, before processing a raw log, have a due diligence system. (2) For subsection (1), the due diligence system must: (a) be in writing; and (b) set out the process by which the processor will meet the due diligence requirements mentioned in this Division that apply to the processing of the raw log; and (c) include the following information: (i) the processor’s name, street address, postal address, telephone number and email address; (ii) if the processor is not an individual—information about the person who is responsible for maintaining the system, including the person’s name, position and contact details, including telephone number and email address; (iii) if the raw log is to be processed in connection with a business carried on by the processor—the principal business activity conducted by the processor and the processor’s ABN or ACN; and (e) include a written record of the system. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) A processor must, before processing a raw log, obtain as much of the information about the raw log mentioned in subsection (2) as it is reasonably practicable for the processor to obtain. (2) The information is the following: (a) a description of the raw log, including: (i) the common name, genus or scientific name of the tree from which the raw log is derived; and (ii) the area in which the raw log is harvested, including the State or Territory and the forest harvesting unit; (b) the name, address, trading name, business and company registration number (if any) of the supplier of the raw log; (c) the quantity of raw logs to be processed, expressed in volume, weight or number of units; (d) the documentation provided, or that will be provided, by the supplier in relation to the purchase of the raw log; (e) if a timber legality framework applies to the raw log, or the area in which the raw log is harvested—a copy of the licence or certificate issued to the harvester of the raw log, or other relevant person in relation to the raw log, that provides evidence of compliance with the standards or requirements of the framework; (f) if a State specific guideline applies to the raw log, or the place in which the raw log is harvested—the information or evidence (such as a certificate, licence or other document) relating to the raw log that the guideline requires the processor to obtain; (g) evidence that the raw log has not been illegally logged, which may include evidence about: (i) whether the harvesting of the species of tree from which the raw log is derived is prohibited in the place where the raw log has been harvested; and (ii) if the harvesting of the raw log in the place is authorised by legislation (including regulations)—whether the requirements of the legislation have been met for the harvesting of the raw log; and (iii) if payment is required for the right to harvest the raw log—whether that payment has been made; and (iv) if a person has legal rights of use and tenure in relation to the place in which the raw log is harvested—whether the harvest of the raw log is inconsistent with the law establishing or protecting those rights. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) a timber legality framework prescribed in Part 1 of Schedule 2 applies to the raw log, or the area in which the raw log is harvested; and (b) the processor elects to use the procedures in subsection (2). (2) The processor must, before processing the raw log: (a) assess whether the information and evidence obtained by the use of the framework is accurate and reliable; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the framework and consideration of the information gathered in accordance with subsection 19(1), whether there is a risk that the raw log is illegally logged; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) a State specific guideline prescribed in Part 3 of Schedule 2 applies to the raw log, or the area in which the raw log is harvested; and (b) the processor elects to use the procedures in subsection (2). (2) The processor must, before processing the raw log: (a) assess the information gathered in accordance with subsection 19(1), by the use of the guideline; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the guideline and consideration of the information gathered in accordance with subsection 19(1), if there is a risk that the raw log is illegally logged; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) the processor does not elect to use the procedures in subsection 20(2) or 21(2); or (b) the processor: (i) elects to use the procedures in subsection 20(2) or 21(2); and (ii) was unable, by the use of those procedures, to identify no risk or a low risk that the raw log is illegally logged. (2) The processor must, before processing the raw log: (a) identify and assess (to the standard set out in subsection (2A)) the risk that the raw log is illegally logged by: (i) assessing the information gathered in accordance with subsection 19(1); and (ii) considering the factors mentioned in subsection (3); and (b) make a written record of the assessment and risk identification process undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(a), and any outcome of that identification and assessment, must be reasonable. (3) For subparagraph (2)(a)(ii), the factors are the following: (a) the prevalence of illegal logging in general in the area in which the raw log is harvested; (b) the prevalence of illegal harvesting in the area of the species of tree from which the raw log is derived; (c) any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged. Civil penalty provision (4) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) section 22 applies in relation to the raw log; and (b) the processor has identified a risk that the raw log may be illegally logged; and (c) the risk is not a low risk. (2) The processor must, before processing the raw log: (a) conduct a risk mitigation process that is adequate and proportionate to the identified risk; and (b) make a written record of the risk mitigation process undertaken in accordance with this section. (3) The risk mitigation process may include the following steps: (a) obtain further information about the raw log, including any certification or independent assessment in relation to the raw log; (b) reassess the risk that the raw log may be illegally logged, including by using the procedures in subsection 20(2), 21(2) or 22(2); (c) not process the raw log. Civil penalty provision (4) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
Secretary may request information (1) The Secretary may request information from a processor about: (a) the processor’s due diligence system in place at the time of the processing of a raw log; and (b) the processor’s compliance with the requirements of the processor’s due diligence system in relation to the processing of the raw log. (2) The request must: (a) be in writing; and (b) include a date for compliance which is at least 28 days after the date of the request. Processor to comply with request for information (3) The processor must provide to the Secretary, in writing, the information requested by the date specified in the request. Civil penalty provision (4) A processor is liable to a civil penalty if the processor contravenes subsection (3).
Civil penalty: 100 penalty units.
(1) A processor must keep a record mentioned in the following table for the period specified in the item.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="4" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Due diligence records</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Kind of record</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Relevant provision</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Period for retention of record</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:29.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Written record of processor’s due diligence system in place at the time of processing of each raw log</span></p></td><td style="width:29.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>18(2)(e)</span></p></td><td style="width:29.96%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Information gathered by a processor about a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Section</span><span> </span><span>19</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the identification of risk against a timber legality framework or a state specific guideline for a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>20(2)(d) or 21(2)(d)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the assessment and risk identification process undertaken by a processor in relation to a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>22(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the risk mitigation process undertaken by a processor in relation to a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>23(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr></tbody></table>
Civil penalty provision (2) A processor is liable to a civil penalty if the processor contravenes subsection (1).
Civil penalty: 100 penalty units.
The amendments made by items 2 and 3 of Schedule 1 to the Illegal Logging Prohibition Amendment (Harmonized System Changes and Other Measures) Regulations 2017 apply in relation to the importation of a thing on or after the commencement of those items.
The amendments made by items 2 and 3 of Schedule 1 to the Illegal Logging Prohibition Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to the importation of a thing on or after 1 January 2022.
For subsection 9(3) of the Act, the timber products listed in Schedule 1 are prescribed.
(1) For paragraphs 12(d) and 13(d) of the Act, the following things, or parts of things, are prescribed as exempt: (a) a regulated timber product that is entirely made from recycled material; (b) if a regulated timber product is partially made from recycled material—the part of the regulated timber product that is made from recycled material; (c) a regulated timber product that is imported as part of a consignment if the combined value of the regulated timber products in the consignment, on import, does not exceed $1 000. (2) In this section, timber in a regulated timber product is recycled material if: (a) the material has been, or has been part of, another product; and (b) at the time the material was removed from that other product, that product was no longer used for its intended purpose and was considered to be waste; and (c) the material has been used as a raw material in the regulated timber product. (3) However, material in a regulated timber product is not recycled material if the material is the by‑product of a manufacturing process.
Note: Example: Sawdust or off‑cuts from sawn timber used to make particle board or medium density fibreboard.
(1) This section applies in relation to a regulated timber product that is partially made from recycled material. (2) The due diligence requirements prescribed in Divisions 2 and 3 do not apply to that part of the regulated timber product that is prescribed by section 6 as exempt.
For paragraph 13(c) of the Act, the form of a declaration to the Customs Minister about a person’s compliance with the due diligence requirements for importing a regulated timber product is a declaration to that effect included in an import entry lodged in accordance with the Customs Act 1901.
This regulation is the Illegal Logging Prohibition Regulation 2012.
In this regulation:
Act means the Illegal Logging Prohibition Act 2012.
country specific guideline means a guideline prescribed in Part 2 of Schedule 2.
Note: See paragraph 12(1)(a).
State specific guideline means a guideline prescribed in Part 3 of Schedule 2.
Note: See paragraph 21(1)(a).
timber legality framework means a framework prescribed in Part 1 of Schedule 2.
Note: See paragraphs 11(1)(a) and 20(1)(a).
For subsection 9(3) of the Act, the timber products listed in Schedule 1 are prescribed.
(1) For paragraphs 12(d) and 13(d) of the Act, the following things, or parts of things, are prescribed as exempt: (a) a regulated timber product that is entirely made from recycled material; (b) if a regulated timber product is partially made from recycled material—the part of the regulated timber product that is made from recycled material; (c) a regulated timber product that is imported as part of a consignment if the combined value of the regulated timber products in the consignment, on import, does not exceed $1 000. (2) In this section, timber in a regulated timber product is recycled material if: (a) the material has been, or has been part of, another product; and (b) at the time the material was removed from that other product, that product was no longer used for its intended purpose and was considered to be waste; and (c) the material has been used as a raw material in the regulated timber product. (3) However, material in a regulated timber product is not recycled material if the material is the by‑product of a manufacturing process.
Note: Example: Sawdust or off‑cuts from sawn timber used to make particle board or medium density fibreboard.
(1) This section applies in relation to a regulated timber product that is partially made from recycled material. (2) The due diligence requirements prescribed in Divisions 2 and 3 do not apply to that part of the regulated timber product that is prescribed by section 6 as exempt.
For paragraph 13(c) of the Act, the form of a declaration to the Customs Minister about a person’s compliance with the due diligence requirements for importing a regulated timber product is a declaration to that effect included in an import entry lodged in accordance with the Customs Act 1901.
For subsection 14(1) of the Act, this Division prescribes the due diligence requirements for importing regulated timber products.
(1) An importer must, before importing a regulated timber product, have a due diligence system. (2) For subsection (1), the due diligence system must: (a) be in writing; and (b) set out the process by which the importer will meet the due diligence requirements mentioned in this Division that apply to the import of the regulated timber product; and (c) include the following information: (i) the importer’s name, street address, postal address, telephone number and email address; (ii) if the importer is not an individual—information about the person who is responsible for maintaining the system, including the person’s name, position and contact details, including telephone number and email address; (iii) if the regulated timber product is to be imported in connection with a business carried on by the importer—the principal business activity conducted by the importer and the importer’s ABN or ACN; and (e) include a written record of the system. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) An importer must, before importing a regulated timber product, obtain as much of the information about the product mentioned in subsection (2) as it is reasonably practicable for the importer to obtain. (2) The information is the following: (a) a description of the regulated timber product, including: (i) the type of product, and the trade name of the product; and (ii) the common name, genus or scientific name of the tree from which the timber in the product is derived; (b) the country, the region of the country and the forest harvesting unit in which the timber in the product was harvested; (c) the country in which the product was manufactured; (d) the name, address, trading name, business and company registration number (if any) of the supplier of the product; (e) the quantity of the shipment of the product, expressed in volume, weight or number of units; (f) the documentation provided, or that will be provided, by the supplier in relation to the purchase of the product; (g) if a timber legality framework applies to the timber in the product, or the area in which the timber is harvested—a copy of the licence or certificate issued to the harvester of the timber, or other relevant person in relation to the timber, that provides evidence of compliance with the standards or requirements of the framework; (h) if a country specific guideline applies to the timber in the product, or the place in which the timber is harvested—the information or evidence (such as a certificate, licence or other document) relating to the product that the guideline requires the importer to obtain; (i) evidence that the product has not been illegally logged, which, without limiting the evidence, may include evidence about: (i) whether the harvesting of the species of tree from which the timber in the product is derived is prohibited in the place where the timber has been harvested; and (ii) if the harvesting of the timber in the place is authorised by legislation (including regulations)—whether the requirements of the legislation have been met for the harvesting of the timber; and (iii) if payment is required for the right to harvest the timber—whether that payment has been made; and (iv) if a person has legal rights of use and tenure in relation to the place in which the timber is harvested—whether the harvest of the timber is inconsistent with the law establishing or protecting those rights. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) a timber legality framework prescribed in Part 1 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and (b) the importer elects to use the procedures in subsection (2). (2) The importer must, before importing the product: (a) assess whether the information and evidence obtained by the use of the framework is accurate and reliable; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the framework and consideration of the information gathered in accordance with subsection 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) a country specific guideline prescribed in Part 2 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and (b) the importer elects to use the procedures in subsection (2). (2) The importer must, before importing the product: (a) assess the information gathered in accordance with subsection 10(1), by the use of the guideline; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the guideline and consideration of the information gathered in accordance with subsection 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) the importer does not elect to use the procedures in subsection 11(2) or 12(2); or (b) the importer: (i) elects to use the procedures in subsection 11(2) or 12(2); and (ii) is unable, by the use of those procedures, to identify no risk or a low risk that the regulated timber product is, is made from, or includes, illegally logged timber. (2) The importer must, before importing the product: (a) identify and assess (to the standard set out in subsection (2A)) the risk that the regulated timber product is, is made from, or includes, illegally logged timber by: (i) assessing the information gathered in accordance with subsection 10(1); and (ii) considering the factors mentioned in subsection (3); and (b) make a written record of the assessment and risk identification process undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(a), and any outcome of that identification and assessment, must be reasonable. (3) For subparagraph (2)(a)(ii), the factors are the following: (a) the prevalence of the following: (i) illegal logging in general in the area in which the timber in the product is harvested; (ii) illegal harvesting in the area of the species of tree from which the timber in the product is derived; (iii) armed conflict in that area; (b) the complexity of the product; (c) any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) section 13 applies in relation to the product; and (b) the importer has identified a risk that the product may be, may be made from, or may include, illegally logged timber; and (c) the risk is not a low risk. (2) The importer must, before importing the regulated timber product: (a) conduct a risk mitigation process that is adequate and proportionate to the identified risk; and (b) make a written record of the risk mitigation process undertaken in accordance with this section. (3) The risk mitigation process may include the following steps: (a) obtain further information about the product, including any certification or independent assessment in relation to the product; (b) reassess the risk that the product may be, may be made from, or may include, illegally logged timber, including by using the procedures in subsection 11(2), 12(2) or 13(2); (c) not import the product. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
Secretary may request information (1) The Secretary may request information from an importer about: (a) the importer’s due diligence system in place at the time of the import of a regulated timber product; and (b) the importer’s compliance with the requirements of the importer’s due diligence system in relation to the import of the regulated timber product. (2) The request must: (a) be in writing; and (b) include a date for compliance which is at least 28 days after the date of the request. Importer to comply with request for information (3) The importer must provide to the Secretary, in writing, the information requested by the date specified in the request. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (3).
Civil penalty: 100 penalty units.
(1) An importer must keep a record mentioned in the following table for the period specified for the record.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="5" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Due diligence records</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Kind of record</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Relevant provision</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Period for retention of record</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Written record of importer’s due diligence system in place at the time of the import of each regulated timber product</span></p></td><td style="width:29.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>9(2)(e)</span></p></td><td style="width:29.96%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Information gathered by an importer about a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Section</span><span> </span><span>10</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the identification of risk against a timber legality framework or a country specific guideline for a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>11(2)(d) or 12(2)(d)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the assessment and risk identification process undertaken by an importer in relation to a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>13(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:29.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the risk mitigation process undertaken by an importer in relation to a regulated timber product</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>14(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr></tbody><tbody><tr style="height:0pt"><td style="width:43pt"></td><td style="width:127.35pt"></td><td style="width:0.5pt"></td><td style="width:127.85pt"></td><td style="width:127.75pt"></td></tr></tbody></table>
Civil penalty provision (2) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
For subsection 18(1) of the Act, this Division prescribes the due diligence requirements for processing a raw log into something other than a raw log.
(1) A processor must, before processing a raw log, have a due diligence system. (2) For subsection (1), the due diligence system must: (a) be in writing; and (b) set out the process by which the processor will meet the due diligence requirements mentioned in this Division that apply to the processing of the raw log; and (c) include the following information: (i) the processor’s name, street address, postal address, telephone number and email address; (ii) if the processor is not an individual—information about the person who is responsible for maintaining the system, including the person’s name, position and contact details, including telephone number and email address; (iii) if the raw log is to be processed in connection with a business carried on by the processor—the principal business activity conducted by the processor and the processor’s ABN or ACN; and (e) include a written record of the system. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) A processor must, before processing a raw log, obtain as much of the information about the raw log mentioned in subsection (2) as it is reasonably practicable for the processor to obtain. (2) The information is the following: (a) a description of the raw log, including: (i) the common name, genus or scientific name of the tree from which the raw log is derived; and (ii) the area in which the raw log is harvested, including the State or Territory and the forest harvesting unit; (b) the name, address, trading name, business and company registration number (if any) of the supplier of the raw log; (c) the quantity of raw logs to be processed, expressed in volume, weight or number of units; (d) the documentation provided, or that will be provided, by the supplier in relation to the purchase of the raw log; (e) if a timber legality framework applies to the raw log, or the area in which the raw log is harvested—a copy of the licence or certificate issued to the harvester of the raw log, or other relevant person in relation to the raw log, that provides evidence of compliance with the standards or requirements of the framework; (f) if a State specific guideline applies to the raw log, or the place in which the raw log is harvested—the information or evidence (such as a certificate, licence or other document) relating to the raw log that the guideline requires the processor to obtain; (g) evidence that the raw log has not been illegally logged, which may include evidence about: (i) whether the harvesting of the species of tree from which the raw log is derived is prohibited in the place where the raw log has been harvested; and (ii) if the harvesting of the raw log in the place is authorised by legislation (including regulations)—whether the requirements of the legislation have been met for the harvesting of the raw log; and (iii) if payment is required for the right to harvest the raw log—whether that payment has been made; and (iv) if a person has legal rights of use and tenure in relation to the place in which the raw log is harvested—whether the harvest of the raw log is inconsistent with the law establishing or protecting those rights. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) a timber legality framework prescribed in Part 1 of Schedule 2 applies to the raw log, or the area in which the raw log is harvested; and (b) the processor elects to use the procedures in subsection (2). (2) The processor must, before processing the raw log: (a) assess whether the information and evidence obtained by the use of the framework is accurate and reliable; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the framework and consideration of the information gathered in accordance with subsection 19(1), whether there is a risk that the raw log is illegally logged; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) a State specific guideline prescribed in Part 3 of Schedule 2 applies to the raw log, or the area in which the raw log is harvested; and (b) the processor elects to use the procedures in subsection (2). (2) The processor must, before processing the raw log: (a) assess the information gathered in accordance with subsection 19(1), by the use of the guideline; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the guideline and consideration of the information gathered in accordance with subsection 19(1), if there is a risk that the raw log is illegally logged; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) the processor does not elect to use the procedures in subsection 20(2) or 21(2); or (b) the processor: (i) elects to use the procedures in subsection 20(2) or 21(2); and (ii) was unable, by the use of those procedures, to identify no risk or a low risk that the raw log is illegally logged. (2) The processor must, before processing the raw log: (a) identify and assess (to the standard set out in subsection (2A)) the risk that the raw log is illegally logged by: (i) assessing the information gathered in accordance with subsection 19(1); and (ii) considering the factors mentioned in subsection (3); and (b) make a written record of the assessment and risk identification process undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(a), and any outcome of that identification and assessment, must be reasonable. (3) For subparagraph (2)(a)(ii), the factors are the following: (a) the prevalence of illegal logging in general in the area in which the raw log is harvested; (b) the prevalence of illegal harvesting in the area of the species of tree from which the raw log is derived; (c) any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged. Civil penalty provision (4) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to a processor in relation to the processing of a raw log if: (a) section 22 applies in relation to the raw log; and (b) the processor has identified a risk that the raw log may be illegally logged; and (c) the risk is not a low risk. (2) The processor must, before processing the raw log: (a) conduct a risk mitigation process that is adequate and proportionate to the identified risk; and (b) make a written record of the risk mitigation process undertaken in accordance with this section. (3) The risk mitigation process may include the following steps: (a) obtain further information about the raw log, including any certification or independent assessment in relation to the raw log; (b) reassess the risk that the raw log may be illegally logged, including by using the procedures in subsection 20(2), 21(2) or 22(2); (c) not process the raw log. Civil penalty provision (4) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.
Secretary may request information (1) The Secretary may request information from a processor about: (a) the processor’s due diligence system in place at the time of the processing of a raw log; and (b) the processor’s compliance with the requirements of the processor’s due diligence system in relation to the processing of the raw log. (2) The request must: (a) be in writing; and (b) include a date for compliance which is at least 28 days after the date of the request. Processor to comply with request for information (3) The processor must provide to the Secretary, in writing, the information requested by the date specified in the request. Civil penalty provision (4) A processor is liable to a civil penalty if the processor contravenes subsection (3).
Civil penalty: 100 penalty units.
(1) A processor must keep a record mentioned in the following table for the period specified in the item.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="4" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Due diligence records</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Kind of record</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Relevant provision</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Period for retention of record</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:29.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Written record of processor’s due diligence system in place at the time of processing of each raw log</span></p></td><td style="width:29.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>18(2)(e)</span></p></td><td style="width:29.96%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Information gathered by a processor about a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Section</span><span> </span><span>19</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the identification of risk against a timber legality framework or a state specific guideline for a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>20(2)(d) or 21(2)(d)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the assessment and risk identification process undertaken by a processor in relation to a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>22(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the risk mitigation process undertaken by a processor in relation to a raw log</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>23(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the raw log is processed</span></p></td></tr></tbody></table>
Civil penalty provision (2) A processor is liable to a civil penalty if the processor contravenes subsection (1).
Civil penalty: 100 penalty units.
The amendments made by items 2 and 3 of Schedule 1 to the Illegal Logging Prohibition Amendment (Harmonized System Changes and Other Measures) Regulations 2017 apply in relation to the importation of a thing on or after the commencement of those items.
The amendments made by items 2 and 3 of Schedule 1 to the Illegal Logging Prohibition Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to the importation of a thing on or after 1 January 2022.
For subsection 14(1) of the Act, this Division prescribes the due diligence requirements for importing regulated timber products.
(1) An importer must, before importing a regulated timber product, have a due diligence system. (2) For subsection (1), the due diligence system must: (a) be in writing; and (b) set out the process by which the importer will meet the due diligence requirements mentioned in this Division that apply to the import of the regulated timber product; and (c) include the following information: (i) the importer’s name, street address, postal address, telephone number and email address; (ii) if the importer is not an individual—information about the person who is responsible for maintaining the system, including the person’s name, position and contact details, including telephone number and email address; (iii) if the regulated timber product is to be imported in connection with a business carried on by the importer—the principal business activity conducted by the importer and the importer’s ABN or ACN; and (e) include a written record of the system. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) An importer must, before importing a regulated timber product, obtain as much of the information about the product mentioned in subsection (2) as it is reasonably practicable for the importer to obtain. (2) The information is the following: (a) a description of the regulated timber product, including: (i) the type of product, and the trade name of the product; and (ii) the common name, genus or scientific name of the tree from which the timber in the product is derived; (b) the country, the region of the country and the forest harvesting unit in which the timber in the product was harvested; (c) the country in which the product was manufactured; (d) the name, address, trading name, business and company registration number (if any) of the supplier of the product; (e) the quantity of the shipment of the product, expressed in volume, weight or number of units; (f) the documentation provided, or that will be provided, by the supplier in relation to the purchase of the product; (g) if a timber legality framework applies to the timber in the product, or the area in which the timber is harvested—a copy of the licence or certificate issued to the harvester of the timber, or other relevant person in relation to the timber, that provides evidence of compliance with the standards or requirements of the framework; (h) if a country specific guideline applies to the timber in the product, or the place in which the timber is harvested—the information or evidence (such as a certificate, licence or other document) relating to the product that the guideline requires the importer to obtain; (i) evidence that the product has not been illegally logged, which, without limiting the evidence, may include evidence about: (i) whether the harvesting of the species of tree from which the timber in the product is derived is prohibited in the place where the timber has been harvested; and (ii) if the harvesting of the timber in the place is authorised by legislation (including regulations)—whether the requirements of the legislation have been met for the harvesting of the timber; and (iii) if payment is required for the right to harvest the timber—whether that payment has been made; and (iv) if a person has legal rights of use and tenure in relation to the place in which the timber is harvested—whether the harvest of the timber is inconsistent with the law establishing or protecting those rights. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) a timber legality framework prescribed in Part 1 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and (b) the importer elects to use the procedures in subsection (2). (2) The importer must, before importing the product: (a) assess whether the information and evidence obtained by the use of the framework is accurate and reliable; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the framework and consideration of the information gathered in accordance with subsection 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) a country specific guideline prescribed in Part 2 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and (b) the importer elects to use the procedures in subsection (2). (2) The importer must, before importing the product: (a) assess the information gathered in accordance with subsection 10(1), by the use of the guideline; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the guideline and consideration of the information gathered in accordance with subsection 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) the importer does not elect to use the procedures in subsection 11(2) or 12(2); or (b) the importer: (i) elects to use the procedures in subsection 11(2) or 12(2); and (ii) is unable, by the use of those procedures, to identify no risk or a low risk that the regulated timber product is, is made from, or includes, illegally logged timber. (2) The importer must, before importing the product: (a) identify and assess (to the standard set out in subsection (2A)) the risk that the regulated timber product is, is made from, or includes, illegally logged timber by: (i) assessing the information gathered in accordance with subsection 10(1); and (ii) considering the factors mentioned in subsection (3); and (b) make a written record of the assessment and risk identification process undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(a), and any outcome of that identification and assessment, must be reasonable. (3) For subparagraph (2)(a)(ii), the factors are the following: (a) the prevalence of the following: (i) illegal logging in general in the area in which the timber in the product is harvested; (ii) illegal harvesting in the area of the species of tree from which the timber in the product is derived; (iii) armed conflict in that area; (b) the complexity of the product; (c) any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) section 13 applies in relation to the product; and (b) the importer has identified a risk that the product may be, may be made from, or may include, illegally logged timber; and (c) the risk is not a low risk. (2) The importer must, before importing the regulated timber product: (a) conduct a risk mitigation process that is adequate and proportionate to the identified risk; and (b) make a written record of the risk mitigation process undertaken in accordance with this section. (3) The risk mitigation process may include the following steps: (a) obtain further information about the product, including any certification or independent assessment in relation to the product; (b) reassess the risk that the product may be, may be made from, or may include, illegally logged timber, including by using the procedures in subsection 11(2), 12(2) or 13(2); (c) not import the product. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
Secretary may request information (1) The Secretary may request information from an importer about: (a) the importer’s due diligence system in place at the time of the import of a regulated timber product; and (b) the importer’s compliance with the requirements of the importer’s due diligence system in relation to the import of the regulated timber product. (2) The request must: (a) be in writing; and (b) include a date for compliance which is at least 28 days after the date of the request. Importer to comply with request for information (3) The importer must provide to the Secretary, in writing, the information requested by the date specified in the request. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (3).
Civil penalty: 100 penalty units.
(1) An importer must keep a record mentioned in the following table for the period specified for the record.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="5" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Due diligence records</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Kind of record</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Relevant provision</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Period for retention of record</span></p></td></tr></thead><tbody><tr><td style="width:10.08%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td colspan="2" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Written record of importer’s due diligence system in place at the time of the import of each regulated timber product</span></p></td><td style="width:29.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>9(2)(e)</span></p></td><td style="width:29.96%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Information gathered by an importer about a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Section</span><span> </span><span>10</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the identification of risk against a timber legality framework or a country specific guideline for a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>11(2)(d) or 12(2)(d)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the assessment and risk identification process undertaken by an importer in relation to a regulated timber product</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>13(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:29.86%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Record of the risk mitigation process undertaken by an importer in relation to a regulated timber product</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Paragraph</span><span> </span><span>14(2)(b)</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5 years from the day the product is imported</span></p></td></tr></tbody><tbody><tr style="height:0pt"><td style="width:43pt"></td><td style="width:127.35pt"></td><td style="width:0.5pt"></td><td style="width:127.85pt"></td><td style="width:127.75pt"></td></tr></tbody></table>
Civil penalty provision (2) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This regulation is the Illegal Logging Prohibition Regulation 2012.
In this regulation:
Act means the Illegal Logging Prohibition Act 2012.
country specific guideline means a guideline prescribed in Part 2 of Schedule 2.
Note: See paragraph 12(1)(a).
State specific guideline means a guideline prescribed in Part 3 of Schedule 2.
Note: See paragraph 21(1)(a).
timber legality framework means a framework prescribed in Part 1 of Schedule 2.
Note: See paragraphs 11(1)(a) and 20(1)(a).
This regulation is the Illegal Logging Prohibition Regulation 2012.
In this regulation:
Act means the Illegal Logging Prohibition Act 2012.
country specific guideline means a guideline prescribed in Part 2 of Schedule 2.
Note: See paragraph 12(1)(a).
State specific guideline means a guideline prescribed in Part 3 of Schedule 2.
Note: See paragraph 21(1)(a).
timber legality framework means a framework prescribed in Part 1 of Schedule 2.
Note: See paragraphs 11(1)(a) and 20(1)(a).
For subsection 9(3) of the Act, the timber products listed in Schedule 1 are prescribed.
(1) For paragraphs 12(d) and 13(d) of the Act, the following things, or parts of things, are prescribed as exempt: (a) a regulated timber product that is entirely made from recycled material; (b) if a regulated timber product is partially made from recycled material—the part of the regulated timber product that is made from recycled material; (c) a regulated timber product that is imported as part of a consignment if the combined value of the regulated timber products in the consignment, on import, does not exceed $1 000. (2) In this section, timber in a regulated timber product is recycled material if: (a) the material has been, or has been part of, another product; and (b) at the time the material was removed from that other product, that product was no longer used for its intended purpose and was considered to be waste; and (c) the material has been used as a raw material in the regulated timber product. (3) However, material in a regulated timber product is not recycled material if the material is the by‑product of a manufacturing process.
Note: Example: Sawdust or off‑cuts from sawn timber used to make particle board or medium density fibreboard.
(1) This section applies in relation to a regulated timber product that is partially made from recycled material. (2) The due diligence requirements prescribed in Divisions 2 and 3 do not apply to that part of the regulated timber product that is prescribed by section 6 as exempt.
For paragraph 13(c) of the Act, the form of a declaration to the Customs Minister about a person’s compliance with the due diligence requirements for importing a regulated timber product is a declaration to that effect included in an import entry lodged in accordance with the Customs Act 1901.
For subsection 14(1) of the Act, this Division prescribes the due diligence requirements for importing regulated timber products.
(1) An importer must, before importing a regulated timber product, have a due diligence system. (2) For subsection (1), the due diligence system must: (a) be in writing; and (b) set out the process by which the importer will meet the due diligence requirements mentioned in this Division that apply to the import of the regulated timber product; and (c) include the following information: (i) the importer’s name, street address, postal address, telephone number and email address; (ii) if the importer is not an individual—information about the person who is responsible for maintaining the system, including the person’s name, position and contact details, including telephone number and email address; (iii) if the regulated timber product is to be imported in connection with a business carried on by the importer—the principal business activity conducted by the importer and the importer’s ABN or ACN; and (e) include a written record of the system. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) An importer must, before importing a regulated timber product, obtain as much of the information about the product mentioned in subsection (2) as it is reasonably practicable for the importer to obtain. (2) The information is the following: (a) a description of the regulated timber product, including: (i) the type of product, and the trade name of the product; and (ii) the common name, genus or scientific name of the tree from which the timber in the product is derived; (b) the country, the region of the country and the forest harvesting unit in which the timber in the product was harvested; (c) the country in which the product was manufactured; (d) the name, address, trading name, business and company registration number (if any) of the supplier of the product; (e) the quantity of the shipment of the product, expressed in volume, weight or number of units; (f) the documentation provided, or that will be provided, by the supplier in relation to the purchase of the product; (g) if a timber legality framework applies to the timber in the product, or the area in which the timber is harvested—a copy of the licence or certificate issued to the harvester of the timber, or other relevant person in relation to the timber, that provides evidence of compliance with the standards or requirements of the framework; (h) if a country specific guideline applies to the timber in the product, or the place in which the timber is harvested—the information or evidence (such as a certificate, licence or other document) relating to the product that the guideline requires the importer to obtain; (i) evidence that the product has not been illegally logged, which, without limiting the evidence, may include evidence about: (i) whether the harvesting of the species of tree from which the timber in the product is derived is prohibited in the place where the timber has been harvested; and (ii) if the harvesting of the timber in the place is authorised by legislation (including regulations)—whether the requirements of the legislation have been met for the harvesting of the timber; and (iii) if payment is required for the right to harvest the timber—whether that payment has been made; and (iv) if a person has legal rights of use and tenure in relation to the place in which the timber is harvested—whether the harvest of the timber is inconsistent with the law establishing or protecting those rights. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) a timber legality framework prescribed in Part 1 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and (b) the importer elects to use the procedures in subsection (2). (2) The importer must, before importing the product: (a) assess whether the information and evidence obtained by the use of the framework is accurate and reliable; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the framework and consideration of the information gathered in accordance with subsection 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) a country specific guideline prescribed in Part 2 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and (b) the importer elects to use the procedures in subsection (2). (2) The importer must, before importing the product: (a) assess the information gathered in accordance with subsection 10(1), by the use of the guideline; and (b) identify and assess (to the standard set out in subsection (2A)), by the use of the guideline and consideration of the information gathered in accordance with subsection 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; and (d) make a written record of the identification and assessment undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable. Civil penalty provision (3) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) the importer does not elect to use the procedures in subsection 11(2) or 12(2); or (b) the importer: (i) elects to use the procedures in subsection 11(2) or 12(2); and (ii) is unable, by the use of those procedures, to identify no risk or a low risk that the regulated timber product is, is made from, or includes, illegally logged timber. (2) The importer must, before importing the product: (a) identify and assess (to the standard set out in subsection (2A)) the risk that the regulated timber product is, is made from, or includes, illegally logged timber by: (i) assessing the information gathered in accordance with subsection 10(1); and (ii) considering the factors mentioned in subsection (3); and (b) make a written record of the assessment and risk identification process undertaken in accordance with this section. (2A) The identification and assessment of risk mentioned in paragraph (2)(a), and any outcome of that identification and assessment, must be reasonable. (3) For subparagraph (2)(a)(ii), the factors are the following: (a) the prevalence of the following: (i) illegal logging in general in the area in which the timber in the product is harvested; (ii) illegal harvesting in the area of the species of tree from which the timber in the product is derived; (iii) armed conflict in that area; (b) the complexity of the product; (c) any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
(1) This section applies to an importer in relation to the importation of a regulated timber product if: (a) section 13 applies in relation to the product; and (b) the importer has identified a risk that the product may be, may be made from, or may include, illegally logged timber; and (c) the risk is not a low risk. (2) The importer must, before importing the regulated timber product: (a) conduct a risk mitigation process that is adequate and proportionate to the identified risk; and (b) make a written record of the risk mitigation process undertaken in accordance with this section. (3) The risk mitigation process may include the following steps: (a) obtain further information about the product, including any certification or independent assessment in relation to the product; (b) reassess the risk that the product may be, may be made from, or may include, illegally logged timber, including by using the procedures in subsection 11(2), 12(2) or 13(2); (c) not import the product. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.
Secretary may request information (1) The Secretary may request information from an importer about: (a) the importer’s due diligence system in place at the time of the import of a regulated timber product; and (b) the importer’s compliance with the requirements of the importer’s due diligence system in relation to the import of the regulated timber product. (2) The request must: (a) be in writing; and (b) include a date for compliance which is at least 28 days after the date of the request. Importer to comply with request for information (3) The importer must provide to the Secretary, in writing, the information requested by the date specified in the request. Civil penalty provision (4) An importer is liable to a civil penalty if the importer contravenes subsection (3).
Civil penalty: 100 penalty units.
(1) An importer must keep a record mentioned in the following table for the period specified for the record.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="5" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Due diligence records</span></p></td></tr><tr><td style="width:10.08%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td colspan="2" style="border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Kind of record</span></p></td><td style="width:29.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Relevant provision</span></p></td><td style="width:29.96%; border-top:0.75pt solid #000000; bord
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