Document ID: chunk:federal_register_of_legislation:F2023C00714:reg:11
Version: federal_register_of_legislation:F2023C00714
Segment Type: reg
Provision Reference: reg 11
Character Range: 11008–12572

11  Due diligence requirements—identifying and assessing risk against timber legality framework (optional process)
 (1) This section applies to an importer in relation to the importation of a regulated timber product if:
 (a) a timber legality framework prescribed in Part 1 of Schedule 2 applies to the timber in the product, or the area in which the timber is harvested; and
 (b) the importer elects to use the procedures in subsection (2).
 (2) The importer must, before importing the product:
 (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 10(1), whether there is a risk that the product is, is made from, or includes, illegally logged timber; and
 (c) in the identification and assessment of risk mentioned in paragraph (b), consider any other information the importer knows, or ought reasonably to know, that may indicate whether the product is, is made from, or includes, illegally logged timber; 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) An importer is liable to a civil penalty if the importer contravenes subsection (2).
Civil penalty: 100 penalty units.