Document ID: chunk:federal_register_of_legislation:C2024A00084:clause:1_18c:p1
Version: federal_register_of_legislation:C2024A00084
Segment Type: clause
Provision Reference: sch 1 cl 18C (pt 1/2)
Character Range: 29283–31894

18C  Notice of the processing of a raw log into something other than a raw log
 (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if:
 (a) the person is a constitutional corporation; or
 (b) the person processes the raw log:
 (i) 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
 (ii) on behalf of a constitutional corporation; or
 (iii) for the purposes of supplying timber products to a constitutional corporation; or
 (iv) on behalf of the Commonwealth or a Commonwealth authority; or
 (v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.
Note 1: 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).
Note 2: This section is not subject to the privilege against self‑incrimination (see section 82).
 (2) 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.
 (3) The notice must:
 (a) include the information in relation to the raw log or processing that is prescribed by the rules; and
 (b) be given in the manner prescribed by the rules; and
 (c) be given before the end of the following period after the raw log is processed into something other than a raw log:
 (i) 1 month, unless subparagraph (ii) applies;
 (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and
 (d) be in the form approved in an instrument under subsection (4).
 (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d).
 (5) The rules may prescribe exceptions to the requirement to give a notice under this section.
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.

Strict liability offence
 (6) A person commits an offence of strict liability if:
 (a) the person is required to give a notice under subsection (1); and
 (b) the person does not give the notice in accordance with this section.
Penalty: 60 penalty units.

Civil penalty provision
 (7) A person contravenes this subsection if:
 (a) the person is required to give a notice under subsection (1); and
 (b) the person does not give the notice in accordance with this