Summary

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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.

Amendment text

(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.

Votes Not passed by a modest majority

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