Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Bill 2024 - Report from Federation Chamber - End native forest logging
Not passed by a large majority
No rebellions 75% attendance
Division last edited 23 days ago by mackay staff
The majority voted against amendments introduced by Tasmanian Senator Nick McKim (Greens), which means they failed. The amendments would have created an offence of supplying illegally logged timber.
(1) Schedule 1, page 3 (after line 6), after item 1, insert:
1A Section 6
After "importation of illegally logged timber", insert ", the supply of illegally logged timber".
(2) Schedule 1, item 7, page 6 (after line 16), after the definition of State or Territory body in section 7, insert:
supply includes supply by way of sale, exchange, gift, lease, loan, hire or hire-purchase.
(3) Schedule 1, page 13 (after line 12), after item 25, insert:
25A After Part 2
Insert:
Part 2A — Supplying
Division 1 — Introduction
14A Simplified outline of this Part
The supply of illegally logged timber is prohibited.
Division 2 — Supplying illegally logged timber
14B Supplying illegally logged timber
Fault-based offence
(1) A person commits an offence if:
(a) the person supplies a thing; and
(b) the thing is, is made from, or includes, illegally logged timber; and
(c) the person is a constitutional corporation, or the person supplies the thing:
(i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or
(ii) on behalf of a constitutional corporation; or
(iii) for the purposes of supplying timber products to a constitutional corporation; or
(iv) on behalf of the Commonwealth or a Commonwealth authority; or
(v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.
Penalty: 5 years imprisonment or 500 penalty units, or both.
Strict liability offence
(2) A person commits an offence of strict liability if:
(a) the person supplies a thing in Australia; and
(b) the thing is, is made from, or includes, illegally logged timber; and
(c) the person is a constitutional corporation, or the person supplies the thing:
(i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or
(ii) on behalf of a constitutional corporation; or
(iii) for the purposes of supplying timber products to a constitutional corporation; or
(iv) on behalf of the Commonwealth or a Commonwealth authority; or
(v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.
Penalty: 60 penalty units.
Civil penalty provision
(3) A person contravenes this subsection if:
(a) the person supplies a thing in Australia; and
(b) the thing is, is made from, or includes, illegally logged timber; and
(c) the person is a constitutional corporation, or the person supplies the thing:
(i) in the course of, or for the purposes of, trade and commerce with other countries, or among the States or between a State and a Territory; or
(ii) on behalf of a constitutional corporation; or
(iii) for the purposes of supplying timber products to a constitutional corporation; or
(iv) on behalf of the Commonwealth or a Commonwealth authority; or
(v) for the purposes of supplying timber products to the Commonwealth or a Commonwealth authority.
Civil penalty: 100 penalty units.
14C Forfeiture
(1) A court may order all or any part of a thing to be forfeited to the Commonwealth if:
(a) the court:
(i) convicts a person of an offence against subsection 14B(1) or (2) in respect of the thing or part; or
(ii) makes a civil penalty order under section 82 of the Regulatory Powers Act in relation to a contravention of subsection 14B(3) of this Act 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 forfeiture 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 forfeiture order and the conviction or civil penalty order 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.
(4) Schedule 1, item 56, page 53 (after line 5), after subitem (1), insert:
(1A) Sections 14B and 14C of the Illegal Logging Prohibition Act 2012, as inserted by this Schedule, apply in relation to a thing that is supplied on or after the commencement of this item.
Nobody rebelled against their party.
Party | Votes | |
---|---|---|
Australian Greens (100% turnout) | 11 Yes – 0 No | |
Penny Allman-Payne Queensland | Yes | |
Dorinda Cox WA | Yes | |
Mehreen Faruqi NSW | Yes | |
Sarah Hanson-Young SA | Yes | |
Steph Hodgins-May Victoria | Yes | |
Nick McKim Tasmania | Yes | |
Barbara Pocock SA | Yes | |
David Shoebridge NSW | Yes | |
Jordon Steele-John WA | Yes | |
Larissa Waters Queensland | Yes | |
Peter Whish-Wilson Tasmania | Yes | |
Australian Labor Party (88% turnout) | 0 Yes – 22 No | |
Tim Ayres NSW | No | |
Catryna Bilyk Tasmania | No | |
Carol Brown Tasmania | No | |
Anthony Chisholm Queensland | No | |
Raff Ciccone Victoria | No | |
Lisa Darmanin Victoria | No | |
Don Farrell SA | No | |
Varun Ghosh WA | No | |
Nita Green Queensland | No | |
Karen Grogan SA | No | |
Jenny McAllister NSW | No | |
Malarndirri McCarthy NT | No | |
Deborah O'Neill NSW | No | |
Helen Polley Tasmania | No | |
Louise Pratt WA | No | |
Tony Sheldon NSW | No | |
Marielle Smith SA | No | |
Glenn Sterle WA | No | |
Jana Stewart Victoria | No | |
Anne Urquhart Tasmania | No | |
Jess Walsh Victoria | No | |
Murray Watt Queensland | No | |
Katy Gallagher ACT | Absent | |
Fatima Payman WA | Absent | |
Penny Wong SA | Absent | |
Jacinta Nampijinpa Price NT Country Liberal Party | Absent | |
Andrew McLachlan SA Deputy President | No | |
David Pocock ACT Independent | Yes | |
Lidia Thorpe Victoria Independent | Absent | |
David Van Victoria Independent | Absent | |
Jacqui Lambie Network (100% turnout) | 0 Yes – 2 No | |
Jacqui Lambie Tasmania | No | |
Tammy Tyrrell Tasmania | No | |
Liberal National Party (0% turnout) | Absent | |
Matthew Canavan Queensland | Absent | |
James McGrath Queensland | Absent | |
Liberal Party (17% turnout) | 0 Yes – 4 No | |
Richard Colbeck Tasmania | No | |
Jonathon Duniam Tasmania | No | |
Maria Kovacic NSW | No | |
Paul Scarr Queensland | No | |
Alex Antic SA | Absent | |
Wendy Askew Tasmania | Absent | |
Simon Birmingham SA | Absent | |
Andrew Bragg NSW | Absent | |
Slade Brockman WA | Absent | |
Michaelia Cash WA | Absent | |
Claire Chandler Tasmania | Absent | |
David Fawcett SA | Absent | |
Sarah Henderson Victoria | Absent | |
Hollie Hughes NSW | Absent | |
Jane Hume Victoria | Absent | |
Kerrynne Liddle SA | Absent | |
Matt O'Sullivan WA | Absent | |
James Paterson Victoria | Absent | |
Gerard Rennick Queensland | Absent | |
Linda Reynolds WA | Absent | |
Anne Ruston SA | Absent | |
Dave Sharma NSW | Absent | |
Dean Smith WA | Absent | |
National Party (25% turnout) | 0 Yes – 1 No | |
Ross Cadell NSW | No | |
Perin Davey NSW | Absent | |
Susan McDonald Queensland | Absent | |
Bridget McKenzie Victoria | Absent | |
Pauline Hanson's One Nation Party (50% turnout) | 0 Yes – 1 No | |
Pauline Hanson Queensland | No | |
Malcolm Roberts Queensland | Absent | |
Sue Lines WA President | Absent | |
Ralph Babet Victoria United Australia Party | Absent | |
Totals (57% turnout) | 12 Yes – 31 No |
Turnout is the percentage of members eligible to vote that did vote.