Notice of the processing of a raw log into something other than a raw log
18C Notice of the processing of a raw log into something other than a raw log
A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:
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.
A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act).
This section is not subject to the privilege against self‑incrimination (see section 82).
Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection.
The notice must:
include the information in relation to the raw log or processing that is prescribed by the rules; and
be given in the manner prescribed by the rules; and
be given before the end of the following period after the raw log is processed into something other than a raw log:
1 month, unless subparagraph (ii) applies;
if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and
be in the form approved in an instrument under subsection (4).
The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).
The rules may prescribe exceptions to the requirement to give a notice under this section.
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.
Strict liability offence
A person commits an offence of strict liability if:
the person is required to give a notice under subsection (1); and
the person does not give the notice in accordance with this section.
Penalty: 60 penalty units.
Civil penalty provision
A person contravenes this subsection if:
the person is required to give a notice under subsection (1); and
the person does not give the notice in accordance with this section.
Civil penalty: 100 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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