8   Importing illegally logged timber

                   A person commits an offence if:

                     (a)  the person imports a thing; and

                     (b)  the thing is, is made from, or includes, illegally logged timber; and

                     (c)  the thing is not prescribed by the regulations for the purposes of this paragraph.

Penalty:  5 years imprisonment or 500 penalty units, or both.

9   Importing illegally logged timber in regulated timber products

             (1)  A person commits an offence if:

                     (a)  the person imports a thing; and

                     (b)  the thing is, is made from, or includes, illegally logged timber; and

                     (c)  the thing is a regulated timber product; and

                     (d)  the thing is not prescribed by the regulations for the purposes of this paragraph.

Penalty:  5 years imprisonment or 500 penalty units, or both.

             (2)  The fault element for paragraph (1)(b) is negligence.

             (3)  A regulated timber product is a timber product prescribed by the regulations.

10   Forfeiture

             (1)  A court may order all or any part of a thing to be forfeited to the Commonwealth if:

                     (a)  the court convicts a person of an offence against section 8 or 9 in respect of the thing or part; and

                     (b)  the thing or part is the property of the person.

             (2)  The person is entitled to be heard in relation to the order.

             (3)  The thing or part may be dealt with or disposed of in any manner that the Secretary thinks appropriate, but only after:

                     (a)  if the periods provided for lodging appeals against the order and the conviction have ended without such an appeal having been lodged—the end of those periods; or

                     (b)  if one or more such appeals have been lodged—the appeals lapse or are finally determined.

11   Application of the Customs Act 1901

                   If:

                     (a)  the importation of goods is an offence under section 8 or 9; and

                     (b)  the Secretary notifies the Chief Executive Officer of Customs in writing that the Secretary wishes the Customs Act 1901 to apply to that importation;

the Customs Act 1901 has effect as if the goods included in that importation were goods described as forfeited to the Crown under section 229 of that Act because they were prohibited imports within the meaning of that Act.

12   Importing regulated timber products

                   A person commits an offence if:

                     (a)  the person imports a thing; and

                     (b)  the thing is a regulated timber product; and

                     (c)  the person does not comply with the due diligence requirements for importing the product.

Penalty:  300 penalty units.

13   Customs declaration

                   A person commits an offence if:

                     (a)  the person imports a thing; and

                     (b)  the thing is a regulated timber product; and

                     (c)  the person does not make a declaration to the Customs Minister, in the manner and form prescribed by the regulations, about the person’s compliance with the due diligence requirements for importing the product.

Penalty:  100 penalty units.

14   Due diligence requirements for importing regulated timber products

             (1)  The regulations must prescribe due diligence requirements for importing regulated timber products.

             (2)  The requirements must be prescribed only for the purposes of reducing the risk that imported regulated timber products are, are made from, or include, illegally logged timber.

             (3)  The requirements may include requirements in relation to one or more of the following:

                     (a)  gathering information for the purposes of assessing that risk, including in relation to the following:

                              (i)  the kind, origin and details of harvest of timber;

                             (ii)  the name and business addresses of, and other details about, suppliers of timber or timber products;

                            (iii)  evidence of compliance with the laws of the country in which timber was harvested;

                            (iv)  the completeness, accuracy or reliability of information gathered;

                     (b)  assessing and identifying that risk;

                     (c)  depending on the level of risk, measures to mitigate that risk;

                     (d)  making declarations to the Customs Minister under section 13;

                     (e)  providing statements of compliance;

                      (f)  auditing;

                     (g)  taking remedial action in prescribed circumstances;

                     (h)  providing reports and other information to the Minister;

                      (i)  publishing information.

             (4)  Subsection (3) does not limit subsection (2).

             (5)  The regulations may provide for due diligence requirements for importing regulated timber products to be satisfied, wholly or partly, by compliance with specified laws, rules or processes, including the following:

                     (a)  laws, or processes under laws, in force in a State or Territory or another country;

                     (b)  rules or processes established or accredited by an industry or certifying body;

                     (c)  established operational processes.

             (6)  Paragraphs (5)(a) to (c) do not limit subsection (5).