Document ID: chunk:federal_register_of_legislation:F2023C00714:reg:19
Version: federal_register_of_legislation:F2023C00714
Segment Type: reg
Provision Reference: reg 19
Character Range: 21234–23627

19  Due diligence requirements—gathering information
 (1) A processor must, before processing a raw log, obtain as much of the information about the raw log mentioned in subsection (2) as it is reasonably practicable for the processor to obtain.
 (2) The information is the following:
 (a) a description of the raw log, including:
 (i) the common name, genus or scientific name of the tree from which the raw log is derived; and
 (ii) the area in which the raw log is harvested, including the State or Territory and the forest harvesting unit;
 (b) the name, address, trading name, business and company registration number (if any) of the supplier of the raw log;
 (c) the quantity of raw logs to be processed, expressed in volume, weight or number of units;
 (d) the documentation provided, or that will be provided, by the supplier in relation to the purchase of the raw log;
 (e) if a timber legality framework applies to the raw log, or the area in which the raw log is harvested—a copy of the licence or certificate issued to the harvester of the raw log, or other relevant person in relation to the raw log, that provides evidence of compliance with the standards or requirements of the framework;
 (f) if a State specific guideline applies to the raw log, or the place in which the raw log is harvested—the information or evidence (such as a certificate, licence or other document) relating to the raw log that the guideline requires the processor to obtain;
 (g) evidence that the raw log has not been illegally logged, which may include evidence about:
 (i) whether the harvesting of the species of tree from which the raw log is derived is prohibited in the place where the raw log has been harvested; and
 (ii) if the harvesting of the raw log in the place is authorised by legislation (including regulations)—whether the requirements of the legislation have been met for the harvesting of the raw log; and
 (iii) if payment is required for the right to harvest the raw log—whether that payment has been made; and
 (iv) if a person has legal rights of use and tenure in relation to the place in which the raw log is harvested—whether the harvest of the raw log is inconsistent with the law establishing or protecting those rights.

Civil penalty provision
 (3) A processor is liable to a civil penalty if the processor contravenes subsection (1).
Civil penalty: 100 penalty units.