9th Sep 2024, 1:00 PM – Senate Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Bill 2024 - in Committee - Supplying illegally logged timber

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.