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Illegal Logging Prohibition Bill 2012

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2010-2011-2012

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

ILLEGAL LOGGING PROHIBITION BILL 2011

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

Amendments and New Clauses to be Moved on Behalf of the Government

 

 

 

(Circulated by Authority of the Minister for Agriculture, Fisheries and Forestry,

Senator the Hon. Joe Ludwig)

 

AMENDMENTS TO ILLEGAL LOGGING PROHIBITION BILL 2011

OUTLINE

The proposed Government amendments to the Illegal Logging Prohibition Bill 2011 (the Bill) comprise a small number of minor amendments to ensure consistency and clarity in the Bill. These amendments will not change the policy intent or objectives of the Bill, but are necessary to ensure clauses within the Bill are correctly interpreted when it becomes law.

The amendments will:

               i.                    provide clarity to items that are ‘exempt’ under the prohibition for regulated timber products; and

             ii.                    ensure that ‘exemptions’ are consistent with provisions throughout the Bill, such as clauses that relate to regulated timber products or domestic raw logs and the associated due diligence requirements.

The proposed amendments also rectify a drafting inconsistency between the due diligence requirements for importers of regulated timber products and processors of domestic raw logs.

 

FINANCIAL IMPACT STATEMENT

The amendments have been assessed as having no financial impact on the Australian Government or affected parties.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT AMENDMENTS TO ILLEGAL LOGGING PROHIBITION BILL 2011

NOTES ON AMENDMENTS

Amendment (1)

This amendment inserts into clause 8 after ‘prescribed’, ‘as exempt’ in subclause (c).

This amendment clarifies the existing subclause and provides that the regulations may prescribe exemptions to the offence under clause 8. This amendment is to aid interpretation of this clause.

Amendment (2)

This amendment inserts into clause 9 after ‘prescribed’, ‘as exempt’ in subclause (d).

This amendment clarifies the existing subclause and provides that the regulations may prescribe exemptions to the offence under clause 9. This amendment is to aid interpretation of this clause.

Amendment (3)

This amendment inserts into clause 12 a new subclause (d), which provides ‘the thing is not prescribed as exempt by the regulations for the purposes of this paragraph’.

Clause 12 is linked with clause 9. Clause 12 relates to due diligence requirements for ‘regulated timber products’. For effective operation of the Bill, when a ‘regulated timber product’ is exempt under clause 9, it will also need to be exempt in the regulations under clause 12.

Amendment (4)

This amendment inserts into clause 13 a new subclause (d), which provides ‘the thing is not prescribed as exempt by the regulations for the purposes of this paragraph’.

Clause 13 is linked with clause 9. Clause 13 relates to a customs import declaration for ‘regulated timber products’. For effective operation of the Bill, when a ‘regulated timber product’ is exempt under clause 9, it will also need to be exempt in the regulations under clause 13.

Amendment (5)

This amendment inserts into clause 15 after ‘prescribed’, ‘as exempt’ in subclause (d).

This amendment clarifies the existing subclause and provides that the regulations may prescribe exemptions to the offence under clause 15. This amendment is to aid interpretation of this clause.

Amendment (6)

This amendment inserts into clause 15 after ‘prescribed’, ‘as exempt’ in subclause (e).

This amendment clarifies the existing subclause and provides that the regulations may prescribe exemptions to the offence under clause 15. This amendment is to aid interpretation of this clause.

Amendment (7)

This amendment inserts into clause 15(1) a new subclause (f), which provides ‘the raw log is not of a kind prescribed as exempt by the regulations for the purposes of this paragraph’.

This amendment allows for subclause 15(1)(f) to prescribe exemptions in regulations to the offence for particular types of raw logs.

The new 15(1)(f) ensures consistency with the other clauses in the Bill being amended.

Amendment (8)

This amendment inserts into clause 17 a new subclause (d), which provides ‘the raw log is not of a kind prescribed as exempt by the regulations for the purposes of this paragraph’.

Clause 17 is linked with clause 15. Clause 17 relates to due diligence requirements for processors of raw logs. For effective operation of the Bill, when a processor of raw logs is exempt under clause 15, it will also need to be exempt in the regulations under clause 17.

Amendment (9)

This amendment inserts into clause 18(5)(b) after ‘industry’, ‘or certifying’.

This amendment creates consistent provisions between clause 18 and clause 14. The Bill intends to establish identical provisions for the due diligence requirements to be applied to importers of regulated timber products and processors of raw logs.