Document ID: chunk:federal_register_of_legislation:F2024L01758:reg:8:p1
Version: federal_register_of_legislation:F2024L01758
Segment Type: reg
Provision Reference: reg 8 (pt 1/4)
Character Range: 23843–26613

8  Due diligence requirements—other requirements
 (1) For the purposes of subsection 14(1) of the Act, the other due diligence requirements for importing regulated timber products are the requirements set out in this section.
Note: Section 12 of the Act contains offences and a civil penalty for a person who imports a regulated timber product and who does not comply with one or more due diligence requirements for importing the regulated timber product.
 (2) However, the requirements in this section do not apply in relation to a regulated timber product to the extent that it is made from, or includes, recycled material.

Information gathering requirements
 (3) The importer must, before importing a regulated timber product, obtain as much of the following information as is reasonably practicable to obtain:
 (a) a description of the product, including:
 (i) the type of product and the trade name (if any) of the product; and
 (ii) the common name and scientific name of the tree from which the timber, or the timber in the product, was derived;
 (b) the country, and the area of the country, in which the timber, or the timber in the product, was harvested;
 (c) if applicable, the country in which the product was processed or manufactured;
 (d) the name, address, trading name and business 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 sales or delivery document in relation to the purchase of the product by the importer.

Certified timber products
 (4) A regulated timber product is a certified timber product if the importer of the regulated timber product:
 (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 following fall within the scope of the certification held by the supplier in accordance with a forest certification standard:
 (i) the regulated timber product;
 (ii) if the record refers to the species of timber that is, or is in, the regulated timber product—that species of timber; and
 (b) has verified that the details in the record about the supplier of the regulated timber product, 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 regulated timber product that contains a certification claim that is consistent with the certification referred to in paragraph (a).

Risk identification and assessment process for certified timber products
 (5) If the regulated timber product is a certified timber product, the importer must, before importing the regulated timber product:
 (a) identify and assess