Document ID: chunk:federal_register_of_legislation:F2023C00714:reg:10
Version: federal_register_of_legislation:F2023C00714
Segment Type: reg
Provision Reference: reg 10
Character Range: 8374–11008

10  Due diligence requirements—gathering information
 (1) An importer must, before importing a regulated timber product, obtain as much of the information about the product mentioned in subsection (2) as it is reasonably practicable for the importer to obtain.
 (2) The information is the following:
 (a) a description of the regulated timber product, including:
 (i) the type of product, and the trade name of the product; and
 (ii) the common name, genus or scientific name of the tree from which the timber in the product is derived;
 (b) the country, the region of the country and the forest harvesting unit in which the timber in the product was harvested;
 (c) the country in which the product was manufactured;
 (d) the name, address, trading name, business and company registration number (if any) of the supplier of the product;
 (e) the quantity of the shipment of the product, expressed in volume, weight or number of units;
 (f) the documentation provided, or that will be provided, by the supplier in relation to the purchase of the product;
 (g) if a timber legality framework applies to the timber in the product, or the area in which the timber is harvested—a copy of the licence or certificate issued to the harvester of the timber, or other relevant person in relation to the timber, that provides evidence of compliance with the standards or requirements of the framework;
 (h) if a country specific guideline applies to the timber in the product, or the place in which the timber is harvested—the information or evidence (such as a certificate, licence or other document) relating to the product that the guideline requires the importer to obtain;
 (i) evidence that the product has not been illegally logged, which, without limiting the evidence, may include evidence about:
 (i) whether the harvesting of the species of tree from which the timber in the product is derived is prohibited in the place where the timber has been harvested; and
 (ii) if the harvesting of the timber in the place is authorised by legislation (including regulations)—whether the requirements of the legislation have been met for the harvesting of the timber; and
 (iii) if payment is required for the right to harvest the timber—whether that payment has been made; and
 (iv) if a person has legal rights of use and tenure in relation to the place in which the timber is harvested—whether the harvest of the timber is inconsistent with the law establishing or protecting those rights.

Civil penalty provision
 (3) An importer is liable to a civil penalty if the importer contravenes subsection (1).
Civil penalty: 100 penalty units.