Document ID: chunk:federal_register_of_legislation:C2024A00084:clause:1_12
Version: federal_register_of_legislation:C2024A00084
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 10805–12434

12  Importing regulated timber products

Fault‑based offence
 (1) A person commits an offence if:
 (a) the person imports a thing; and
 (b) the thing is a regulated timber product; and
 (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and
 (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.
Penalty: 300 penalty units.

Strict liability offence
 (2) A person commits an offence of strict liability if:
 (a) the person imports a thing; and
 (b) the thing is a regulated timber product; and
 (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and
 (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.
Penalty: 60 penalty units.

Civil penalty provision
 (3) A person contravenes this subsection if:
 (a) the person imports a thing; and
 (b) the thing is a regulated timber product; and
 (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and
 (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph.
Civil penalty: 100 penalty units.

Exception
 (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection.
Note: 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.