Document ID: chunk:federal_register_of_legislation:F2023C00714:reg:21
Version: federal_register_of_legislation:F2023C00714
Segment Type: reg
Provision Reference: reg 21
Character Range: 25095–26548

21  Due diligence requirements—identifying and assessing risk against State specific guidelines (optional process)
 (1) This section applies to a processor in relation to the processing of a raw log if:
 (a) a State specific guideline prescribed in Part 3 of Schedule 2 applies to the raw log, or the area in which the raw log is harvested; and
 (b) the processor elects to use the procedures in subsection (2).
 (2) The processor must, before processing the raw log:
 (a) assess the information gathered in accordance with subsection 19(1), by the use of the guideline; and
 (b) identify and assess (to the standard set out in subsection (2A)), by the use of the guideline and consideration of the information gathered in accordance with subsection 19(1), if there is a risk that the raw log is illegally logged; and
 (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged; and
 (d) make a written record of the identification and assessment undertaken in accordance with this section.
 (2A) The identification and assessment of risk mentioned in paragraph (2)(b), and any outcome of that identification and assessment, must be reasonable.

Civil penalty provision
 (3) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.