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This Act may be cited as the Illegal Logging Prohibition Act 2012.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 November 2012 |
2. Sections 3 to 8 | The day after this Act receives the Royal Assent. | 29 November 2012 |
3. Section 9 | The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2. | 30 November 2014 |
4. Sections 10 and 11 | The day after this Act receives the Royal Assent. | 29 November 2012 |
5. Sections 12 to 14 | The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2. | 30 November 2014 |
6. Sections 15 and 16 | The day after this Act receives the Royal Assent. | 29 November 2012 |
7. Sections 17 and 18 | The day after the end of the period of 2 years after the commencement of the provision(s) covered by table item 2. | 30 November 2014 |
8. Sections 19 to 86 | The day after this Act receives the Royal Assent. | 29 November 2012 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
This Act does not extend to the external Territories.
This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
This Act prohibits the importation of illegally logged timber and the processing of illegally logged raw logs.
This Act also requires importers of regulated timber products and processors of raw logs to conduct due diligence in order to reduce the risk that illegally logged timber is imported or processed.
Importers of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.
Notice must be given of:
a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or
the processing of a raw log into something other than a raw log.
The Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person’s due diligence system or the due diligence requirements.
The Regulatory Powers Act is applied to:
enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and
allow the Secretary to accept undertakings from persons to comply with this Act; and
allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act.
Inspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control.
The Secretary may require an audit to be carried out in relation to whether:
a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or
a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log.
Entrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A.
In this Act:
auditor means a person covered by paragraph 29(1)(a) or (b).
Australia, when used in a geographical sense, does not include the external Territories.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth authority means the following:
a body corporate established for a public purpose by or under an Act;
a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
the Commonwealth;
a body covered by paragraph (a).
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
Customs Minister means the Minister administering the Customs Act 1901.
de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988.
due diligence requirements:
for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and
for processing raw logs—has the meaning given by subsections 17A(1) and 18(1).
due diligence system:
for importing regulated timber products—has the meaning given by subsection 13A(2); and
for processing raw logs—has the meaning given by subsection 17A(2).
entrusted person means any of the following:
the Minister;
the Secretary;
an APS employee in the Department;
any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department;
any other person who is:
employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and
in a class of persons specified by rules made for the purposes of this subparagraph.
illegally logged, in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.
import means import into Australia.
inspector means a person appointed under section 19.
landing place has the same meaning as in the Biosecurity Act 2015.
personal information has the same meaning as in the Privacy Act 1988.
port has the same meaning as in the Biosecurity Act 2015.
premises includes the following:
a structure, building, vehicle, vessel or aircraft;
a place (whether or not enclosed or built on);
a part of a thing referred to in paragraph (a) or (b).
protected person has the meaning given by section 85D.
regulated timber product means a timber product prescribed by the rules for the purposes of this definition.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant information means:
information obtained by a person under this Act or the rules; or
information obtained or generated by a person in the course of or for the purposes of:
administering this Act or the rules or monitoring compliance with this Act or the rules; or
assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules.
rules means the rules made under section 86.
Secretary means the Secretary of the Department.
State or Territory body includes a Department of State, or an authority or agency, of a State or Territory.
timber product means a thing that is, is made from, or includes, timber.
The importation of illegally logged timber is prohibited.
Importers of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported.
Importers of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken.
Fault‑based offence
A person commits an offence if:
the person imports a thing; and
the thing is, is made from, or includes, illegally logged timber; and
the thing is not 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 imports a thing; and
the thing is, is made from, or includes, illegally logged timber; and
the thing 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, is made from, or includes, illegally logged timber; and
the thing is not prescribed as exempt by the rules for the purposes of this paragraph.
Civil penalty: 100 penalty units.
Fault‑based offence
A person commits an offence if:
the person imports a thing; and
the thing is, is made from, or includes, illegally logged timber; and
the thing is a regulated timber product; and
the thing is not prescribed as exempt by the rules for the purposes of this paragraph.
Penalty: 5 years imprisonment or 500 penalty units, or both.
The fault element for paragraph (1)(b) is negligence.
Strict liability offence
A person commits an offence of strict liability if:
the person imports a thing; and
the thing is, is made from, or includes, illegally logged timber; and
the thing is a regulated timber product; and
the thing 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, is made from, or includes, illegally logged timber; and
the thing is a regulated timber product; and
the thing is not prescribed as exempt by the rules for the purposes of this paragraph.
Civil penalty: 100 penalty units.
A court may order (the forfeiture order) all or any part of a thing to be forfeited to the Commonwealth if:
the court:
convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) in respect of the thing or part; or
makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 8(3) or 9(4) of this Act in respect of the thing or part; and
the thing or part is the property of the person.
The person is entitled to be heard in relation to the forfeiture order.
The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:
if the periods provided for lodging appeals against the forfeiture order and the conviction or civil penalty order have ended without such an appeal having been lodged—the end of those periods; or
if one or more such appeals have been lodged—the appeals lapse or are finally determined.
If:
the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and
the Secretary notifies the Comptroller‑General of Customs (within the meaning of the Customs Act 1901) in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;
the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.