Processing raw logs
17 Processing 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 person does not comply with one or more due diligence requirements for processing the raw log; and
the raw log is not of a kind 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 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 person does not comply with one or more due diligence requirements for processing the raw log; 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 person does not comply with one or more due diligence requirements for processing the raw log; 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.
Exception—other prescribed circumstances
Subsections (1), (2) and (3) do not apply in any other 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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