Document ID: chunk:federal_register_of_legislation:F2023C00714:reg:20
Version: federal_register_of_legislation:F2023C00714
Segment Type: reg
Provision Reference: reg 20
Character Range: 23627–25095

20  Due diligence requirements—identifying and assessing risk against timber legality framework (optional process)
 (1) This section applies to a processor in relation to the processing of a raw log if:
 (a) a timber legality framework prescribed in Part 1 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 whether the information and evidence obtained by the use of the framework is accurate and reliable; and
 (b) identify and assess (to the standard set out in subsection (2A)), by the use of the framework and consideration of the information gathered in accordance with subsection 19(1), whether 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.