Document ID: chunk:federal_register_of_legislation:F2024L01758:reg:11:p1
Version: federal_register_of_legislation:F2024L01758
Segment Type: reg
Provision Reference: reg 11 (pt 1/3)
Character Range: 33787–36465

11  Due diligence requirements—other requirements
 (1) For the purposes of subsection 18(1) of the Act, the other due diligence requirements for processing raw logs by a person (the processor) are the requirements set out in this section.
Note: Section 17 of the Act contains offences and a civil penalty for a person who processes a raw log and who does not comply with one or more due diligence requirements for processing the raw log.

Information gathering requirements
 (2) The processor must, before processing raw logs, obtain as much of the following information as is reasonably practicable to obtain:
 (a) a description of the raw logs, including the common name and scientific name of the tree from which the raw logs were derived;
 (b) the State or Territory, and the area in the State or Territory, in which the raw logs were harvested;
 (c) the name, address, trading name, ABN (if any) and ACN (if any) of the supplier of the raw logs;
 (d) the quantity of raw logs processed, expressed in volume, weight or number of units;
 (e) the sales or delivery document in relation to the purchase of the raw logs by the processor.

Certified raw logs
 (3) Raw logs are certified raw logs if the processor of the raw logs:
 (a) has obtained a copy of a record from a database maintained by the Forest Stewardship Council, or the Programme for the Endorsement of Forest Certification, to the effect that the raw logs fall within the scope of the certification held by the supplier in accordance with a forest certification standard; and
 (b) has verified that the details in the record about the supplier of the raw logs, and the other details in the record, are true and correct; and
 (c) has obtained from that supplier a sales or delivery document for the raw logs that contains a certification claim that is consistent with the certification referred to in paragraph (a).

Risk identification and assessment process for certified raw logs
 (4) If the raw logs are certified raw logs, the processor must, before processing the raw logs:
 (a) identify and assess the risk that the raw logs have been illegally logged; and
 (b) in the identification and assessment of that risk, consider:
 (i) the information the processor obtained under subsection (2); and
 (ii) the extent of illegal logging in general involving entities, known to the processor, in the supply chain for the raw logs; and
 (iii) any other information the processor knows that may indicate whether the raw logs are illegally logged; and
 (c) in the identification and assessment of that risk, consider the source, validity and reliability of the matters the processor considered under paragraph (b); and