Importing regulated timber products
12 Importing regulated timber products
Fault‑based offence
A person commits an offence if:
the person imports a thing; and
the thing is a regulated timber product; and
the person does not comply with one or more due diligence requirements for importing the regulated timber product; and
the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.
Penalty: 300 penalty units.
Strict liability offence
A person commits an offence of strict liability if:
the person imports a thing; and
the thing is a regulated timber product; and
the person does not comply with one or more due diligence requirements for importing the regulated timber product; and
the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.
Penalty: 60 penalty units.
Civil penalty provision
A person contravenes this subsection if:
the person imports a thing; and
the thing is a regulated timber product; and
the person does not comply with one or more due diligence requirements for importing the regulated timber product; and
the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.
Civil penalty: 100 penalty units.
Exception
Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.
A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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