Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024 (Cth)

Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024 No. 84, 2024 An Act to amend the Illegal Logging Prohibition Act 2012, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Illegal Logging Prohibition Act 2012 Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024 No. 84, 2024 An Act to amend the Illegal Logging Prohibition Act 2012, and for related purposes [Assented to 17 September 2024] The Parliament of Australia enacts: 1 Short title This Act is the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act A single day to be fixed by Proclamation. 3 March 2025 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (F2024N01147) Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Illegal Logging Prohibition Act 2012 1 Section 6 (heading) Repeal the heading, substitute: 6 Simplified outline of this Act 2 Section 6 Omit: Part 4 applies the Regulatory Powers Act to enable inspectors to exercise monitoring, investigation and enforcement powers for the purposes of this Act. substitute: Notice must be given of: (a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or (b) the processing of a raw log into something other than a raw log. The Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person's due diligence system or the due diligence requirements. The Regulatory Powers Act is applied to: (a) enable inspectors to exercise monitoring, investigation and enforcement powers and to issue infringement notices for the purposes of this Act; and (b) allow the Secretary to accept undertakings from persons to comply with this Act; and (c) allow the Secretary to seek injunctions to restrain persons from contravening this Act or to compel compliance with this Act. Inspectors have powers in relation to regulated timber products that are subject to biosecurity control or customs control. The Secretary may require an audit to be carried out in relation to whether: (a) a person who imports a regulated timber product has complied with the due diligence requirements for importing the regulated timber product; or (b) a person who processes a raw log into something other than a raw log has complied with the due diligence requirements for processing the raw log. Entrusted persons can use or disclose information (referred to as relevant information) in accordance with Part 4A. 3 Section 7 Insert: auditor means a person covered by paragraph 29(1)(a) or (b). Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. de‑identified, in relation to personal information, has the same meaning as in the Privacy Act 1988. 4 Section 7 (definition of due diligence requirements) Repeal the definition, substitute: due diligence requirements: (a) for importing regulated timber products—has the meaning given by subsections 13A(1) and 14(1); and (b) for processing raw logs—has the meaning given by subsections 17A(1) and 18(1). 5 Section 7 Insert: due diligence system: (a) for importing regulated timber products—has the meaning given by subsection 13A(2); and (b) for processing raw logs—has the meaning given by subsection 17A(2). entrusted person means any of the following: (a) the Minister; (b) the Secretary; (c) an APS employee in the Department; (d) any other person employed or engaged by the Commonwealth to provide services to the Commonwealth in connection with the Department; (e) any other person who is: (i) employed or engaged by the Commonwealth or a body corporate that is established by a law of the Commonwealth; and (ii) in a class of persons specified by rules made for the purposes of this subparagraph. landing place has the same meaning as in the Biosecurity Act 2015. personal information has the same meaning as in the Privacy Act 1988. port has the same meaning as in the Biosecurity Act 2015. premises includes the following: (a) a structure, building, vehicle, vessel or aircraft; (b) a place (whether or not enclosed or built on); (c) a part of a thing referred to in paragraph (a) or (b). protected person has the meaning given by section 85D. 6 Section 7 (definition of regulated timber product) Repeal the definition, substitute: regulated timber product means a timber product prescribed by the rules for the purposes of this definition. 7 Section 7 Insert: relevant information means: (a) information obtained by a person under this Act or the rules; or (b) information obtained or generated by a person in the course of or for the purposes of: (i) administering this Act or the rules or monitoring compliance with this Act or the rules; or (ii) assisting another person to administer this Act or the rules or monitor compliance with this Act or the rules. rules means the rules made under section 86. State or Territory body includes a Department of State, or an authority or agency, of a State or Territory. 8 Section 7 (definition of this Act) Repeal the definition. 9 Before Division 1 of Part 2 Insert: Division 1A—Introduction 7A Simplified outline of this Part The importation of illegally logged timber is prohibited. Importers of regulated timber products must conduct due diligence in order to reduce the risk that illegally logged timber is imported. Importers of regulated timber products must provide declarations, at the time of import, to the Customs Minister about the due diligence that they have undertaken. 10 Sections 8 and 9 Repeal the sections, substitute: 8 Importing illegally logged timber Fault‑based offence (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 not prescribed as exempt by the rules for the purposes of this paragraph. 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 imports a thing; and (b) the thing is, is made from, or includes, illegally logged timber; and (c) the thing is not prescribed as exempt by the rules for the purposes of this paragraph. Penalty: 60 penalty units. Civil penalty provision (3) A person contravenes this subsection 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 as exempt by the rules for the purposes of this paragraph. Civil penalty: 100 penalty units. 9 Importing illegally logged timber in regulated timber products Fault‑based offence (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 as exempt by the rules 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. Strict liability offence (3) A person commits an offence of strict liability 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 as exempt by the rules for the purposes of this paragraph. Penalty: 60 penalty units. Civil penalty provision (4) A person contravenes this subsection 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 as exempt by the rules for the purposes of this paragraph. Civil penalty: 100 penalty units. 11 Subsection 10(1) After "may order", insert "(the forfeiture order)". 12 Paragraph 10(1)(a) Repeal the paragraph, substitute: (a) the court: (i) convicts a person of an offence against subsection 8(1) or (2) or 9(1) or (3) 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 8(3) or 9(4) of this Act in respect of the thing or part; and 13 Subsection 10(2) Omit "the order", substitute "the forfeiture order". 14 Paragraph 10(3)(a) Omit "the order", substitute "the forfeiture order". 15 Paragraph 10(3)(a) After "the conviction", insert "or civil penalty order". 16 Paragraph 11(a) Repeal the paragraph, substitute: (a) the importation of goods is an offence under subsection 8(1) or (2) or 9(1) or (3) or a contravention of subsection 8(3) or 9(4); and 17 Sections 12 and 13 Repeal the sections, substitute: Subdivision A—Offences and civil penalties 12 Importing regulated timber products Fault‑based offence (1) 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 one or more due diligence requirements for importing the regulated timber product; and (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph. Penalty: 300 penalty units. Strict liability offence (2) A person commits an offence of strict liability if: (a) the person imports a thing; and (b) the thing is a regulated timber product; and (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph. Penalty: 60 penalty units. Civil penalty provision (3) A person contravenes this subsection if: (a) the person imports a thing; and (b) the thing is a regulated timber product; and (c) the person does not comply with one or more due diligence requirements for importing the regulated timber product; and (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph. Civil penalty: 100 penalty units. Exception (4) Subsections (1), (2) and (3) do not apply in any circumstances prescribed by the rules for the purposes of this subsection. Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. 13 Customs declaration Fault‑based offence (1) 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 rules, about the person's compliance with the due diligence requirements for importing the regulated timber product; and (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph. Penalty: 100 penalty units. Strict liability offence (2) A person commits an offence of strict liability 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 rules, about the person's compliance with the due diligence requirements for importing the regulated timber product; and (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph. Penalty: 60 penalty units. Civil penalty provision (3) A person contravenes this subsection 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 rules, about the person's compliance with the due diligence requirements for importing the regulated timber product; and (d) the regulated timber product is not prescribed as exempt by the rules for the purposes of this paragraph. Civil penalty: 100 penalty units. Subdivision B—Due diligence requirements for importing regulated timber products 13A Due diligence requirement—due diligence system (1) A due diligence requirement for importing regulated timber products is that the person importing such products has a due diligence system for importing such products. (2) A due diligence system for importing regulated timber products is a system that: (a) is in writing; and (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 14(1), for importing regulated timber products; and (c) includes the information prescribed by the rules for the purposes of this paragraph. 18 Section 14 (heading) Repeal the heading, substitute: 14 Due diligence requirements—other requirements prescribed by rules 19 Subsection 14(1) Repeal the subsection, substitute: (1) The rules may prescribe other due diligence requirements for importing regulated timber products. 20 Subsection 14(2) Omit "The requirements must be prescribed only", substitute "The other requirements prescribed by the rules for the purposes of subsection (1) must be". 21 Subsection 14(3) Omit "The requirements", substitute "The other requirements prescribed by the rules for the purposes of subsection (1)". 22 Paragraph 14(3)(e) After "compliance", insert "to the Secretary". 23 Paragraph 14(3)(h) Omit "Minister", substitute "Secretary". 24 Subsection 14(5) Omit "regulations", substitute "rules". 25 Subsection 14(5) After "due diligence requirements", insert ", covered by subsection (1),". 26 Before Division 1 of Part 3 Insert: Division 1A—Introduction 14A Simplified outline of this Part The processing of illegally logged raw logs is prohibited. Processors of raw logs must conduct due diligence in order to reduce the risk that illegally logged timber is processed. 27 Section 15 Repeal the section, substitute: 15 Processing illegally logged raw logs Fault‑based offence (1) A person commits an offence if: (a) the person processes a raw log into something other than a raw log; and (b) the person is a constitutional corporation, or the person processes the raw log: (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; and (c) the raw log is illegally logged; and (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph. 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 processes a raw log into something other than a raw log; and (b) the person is a constitutional corporation, or the person processes the raw log: (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; and (c) the raw log is illegally logged; and (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph. Penalty: 60 penalty units. Civil penalty provision (3) A person contravenes this subsection if: (a) the person processes a raw log into something other than a raw log; and (b) the person is a constitutional corporation, or the person processes the raw log: (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; and (c) the raw log is illegally logged; and (d) the person is not included in a class of persons prescribed as exempt by the rules for the purposes of this paragraph; and (e) the process is not prescribed as exempt by the rules for the purposes of this paragraph; and (f) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph. Civil penalty: 100 penalty units. Exception—imported raw logs (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia. Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. 28 Subsection 16(1) After "may order", insert "(the forfeiture order)". 29 Paragraph 16(1)(a) Repeal the paragraph, substitute: (a) the court: (i) convicts a person of an offence against subsection 15(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 15(3) of this Act in respect of the thing or part; and 30 Subsection 16(2) Omit "the order", substitute "the forfeiture order". 31 Paragraph 16(3)(a) Omit "the order", substitute "the forfeiture order". 32 Paragraph 16(3)(a) After "the conviction", insert "or civil penalty order". 33 Section 17 Repeal the section, substitute: Subdivision A—Offences and civil penalties 17 Processing raw logs Fault‑based offence (1) A person commits an offence if: (a) the person processes a raw log into something other than a raw log; and (b) the person is a constitutional corporation, or the person processes the raw log: (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; and (c) the person does not comply with one or more due diligence requirements for processing the raw log; and (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph. Penalty: 300 penalty units. Strict liability offence (2) A person commits an offence of strict liability if: (a) the person processes a raw log into something other than a raw log; and (b) the person is a constitutional corporation, or the person processes the raw log: (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; and (c) the person does not comply with one or more due diligence requirements for processing the raw log; and (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph. Penalty: 60 penalty units. Civil penalty provision (3) A person contravenes this subsection if: (a) the person processes a raw log into something other than a raw log; and (b) the person is a constitutional corporation, or the person processes the raw log: (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; and (c) the person does not comply with one or more due diligence requirements for processing the raw log; and (d) the raw log is not of a kind prescribed as exempt by the rules for the purposes of this paragraph. Civil penalty: 100 penalty units. Exception—imported raw logs (4) Subsections (1), (2) and (3) do not apply if the raw log was imported into Australia. Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. Exception—other prescribed circumstances (5) Subsections (1), (2) and (3) do not apply in any other circumstances prescribed by the rules for the purposes of this subsection. Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. Subdivision B—Due diligence requirements for processing raw logs 17A Due diligence requirement—due diligence system (1) A due diligence requirement for processing raw logs is that the person doing the processing has a due diligence system for processing raw logs. (2) A due diligence system for processing raw logs is a system that: (a) is in writing; and (b) sets out the process by which the person will meet the due diligence requirements, covered by subsection 18(1), for processing raw logs; and (c) includes the information prescribed by the rules for the purposes of this paragraph. 34 Section 18 (heading) Repeal the heading, substitute: 18 Due diligence requirements—other requirements prescribed by rules 35 Subsection 18(1) Repeal the subsection, substitute: (1) The rules may prescribe other due diligence requirements for processing raw logs. 36 Subsection 18(2) Omit "The requirements must be prescribed only", substitute "The other requirements prescribed by the rules for the purposes of subsection (1) must be". 37 Subsection 18(3) Omit "The requirements", substitute "The other requirements prescribed by the rules for the purposes of subsection (1)". 38 Paragraph 18(3)(d) After "compliance", insert "to the Secretary". 39 Paragraph 18(3)(g) Omit "Minister", substitute "Secretary". 40 Subsection 18(5) Omit "regulations", substitute "rules". 41 Subsection 18(5) After "due diligence requirements", insert ", covered by subsection (1),". 42 After Part 3 Insert: Part 3A—Notice of regulated timber products to be unloaded in Australia or of processing of raw logs Division 1—Introduction 18A Simplified outline of this Part Notice must be given of: (a) a regulated timber product that is, or is intended to be, brought into Australia and unloaded at a landing place or port; or (b) the processing of a raw log into something other than a raw log. Division 2—Notice of regulated timber products to be unloaded in Australia 18B Notice of regulated timber products to be unloaded in Australia (1) A notice must be given to the Secretary of a regulated timber product that is, or is intended to be: (a) brought into Australia; and (b) unloaded at a landing place or port in Australia; other than a regulated timber product originating in Australia that leaves temporarily for the purpose of travelling between landing places or ports in Australia. Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act). Note 2: This section is not subject to the privilege against self‑incrimination (see section 82). (2) The notice must be given by each person prescribed by the rules in relation to the regulated timber product. (3) Subsection (1) applies in relation to a regulated timber product that is, or is intended to be, brought into Australia on or after a day prescribed by the rules for the purposes of this subsection. (4) The notice must: (a) include the information in relation to the regulated timber product that is prescribed by the rules; and (b) be given in the manner prescribed by the rules; and (c) be given at a time, or during the period, prescribed by the rules (which may be before or after the regulated timber product is unloaded as referred to in subsection (1)); and (d) be in the form approved in an instrument under subsection (5). (5) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (4)(d). (6) The rules may prescribe exceptions to the requirement to give a notice under this section. Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. Strict liability offence (7) A person commits an offence of strict liability if: (a) a regulated timber product is unloaded as referred to in subsection (1); and (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and (d) no other person gives a notice in relation to the regulated timber product in accordance with this section. Penalty: 60 penalty units. Civil penalty provision (8) A person contravenes this subsection if: (a) a regulated timber product is unloaded as referred to in subsection (1); and (b) the person is required to give a notice under subsection (1) in relation to the regulated timber product; and (c) the person does not give a notice in relation to the regulated timber product in accordance with this section; and (d) no other person gives a notice in relation to the regulated timber product in accordance with this section. Civil penalty: 100 penalty units. Application to persons within and outside Australia (9) Subsections (7) and (8) apply whether or not the person is in Australia when the notice is required to be given or when the regulated timber product is unloaded. Geographic jurisdiction (10) Section 15.2 of the Criminal Code (Extended geographical jurisdiction—category B) applies to an offence against subsection (7). Division 3—Notice of the processing of a raw log into something other than a raw log 18C Notice of the processing of a raw log into something other than a raw log (1) A person who processes a raw log into something other than a raw log must give notice of the processing to the Secretary if: (a) the person is a constitutional corporation; or (b) the person processes the raw log: (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. Note 1: A person may commit an offence or contravene a civil penalty provision if the person provides a false or misleading notice (see section 137.2 of the Criminal Code and section 84 of this Act). Note 2: This section is not subject to the privilege against self‑incrimination (see section 82). (2) Subsection (1) applies in relation to a raw log that is processed into something other than a raw log on or after a day prescribed by the rules for the purposes of this subsection. (3) The notice must: (a) include the information in relation to the raw log or processing that is prescribed by the rules; and (b) be given in the manner prescribed by the rules; and (c) be given before the end of the following period after the raw log is processed into something other than a raw log: (i) 1 month, unless subparagraph (ii) applies; (ii) if the rules prescribe a longer period for the purposes of this subparagraph—that longer period; and (d) be in the form approved in an instrument under subsection (4). (4) The Secretary may, by notifiable instrument, approve a form for the purposes of paragraph (3)(d). (5) The rules may prescribe exceptions to the requirement to give a notice under this section. Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act. Strict liability offence (6) A person commits an offence of strict liability if: (a) the person is required to give a notice under subsection (1); and (b) the person does not give the notice in accordance with this section. Penalty: 60 penalty units. Civil penalty provision (7) A person contravenes this subsection if: (a) the person is required to give a notice under subsection (1); and (b) the person does not give the notice in accordance with this section. Civil penalty: 100 penalty units. Part 3B—Information gathering powers Division 1—Introduction 18D Simplified outline of this Part The Secretary may require, from a person who has imported a regulated timber product or a person who has processed a raw log into something other than a raw log, information or documents relevant to the person's due diligence system or the due diligence requirements. Division 2—Importers 18E Requirement to give information or documents to Secretary—importers Secretary may request information or documents (1) The Secretary may, by written notice given to a person who has imported a regulated timber product, require the person to give to the Secretary any information, or produce to the Secretary any documents, specified in the notice that are relevant to: (a) the person's due diligence system in place