Processing illegally logged raw logs
15 Processing illegally logged raw logs
Fault‑based offence
A person commits an offence if:
the person processes a raw log into something other than a raw log; and
the person is a constitutional corporation, or the person processes the raw log:
in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or
on behalf of a constitutional corporation; or
for the purposes of supplying timber products to a constitutional corporation; or
on behalf of the Commonwealth or a Commonwealth authority; or
for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and
the raw log is illegally logged; and
the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and
the process is not prescribed as exempt by the rules for the purposes of this paragraph; and
the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.
Penalty: 5 years imprisonment or 500 penalty units, or both.
Strict liability offence
A person commits an offence of strict liability if:
the person processes a raw log into something other than a raw log; and
the person is a constitutional corporation, or the person processes the raw log:
in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or
on behalf of a constitutional corporation; or
for the purposes of supplying timber products to a constitutional corporation; or
on behalf of the Commonwealth or a Commonwealth authority; or
for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and
the raw log is illegally logged; and
the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and
the process is not prescribed as exempt by the rules for the purposes of this paragraph; and
the raw log is not of a kind 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 processes a raw log into something other than a raw log; and
the person is a constitutional corporation, or the person processes the raw log:
in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or
on behalf of a constitutional corporation; or
for the purposes of supplying timber products to a constitutional corporation; or
on behalf of the Commonwealth or a Commonwealth authority; or
for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority; and
the raw log is illegally logged; and
the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and
the process is not prescribed as exempt by the rules for the purposes of this paragraph; and
the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph.
Civil penalty: 100 penalty units.
Exception—imported raw logs
Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia.
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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