13Due diligence requirements—identifying and assessing risk (alternative to sections 11 and 12)

13 Due diligence requirements—identifying and assessing risk (alternative to sections 11 and 12)

(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.