Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This section applies to a processor in relation to the processing of a raw log if:
(a) the processor does not elect to use the procedures in subsection 20(2) or 21(2); or
(b) the processor:
(i) elects to use the procedures in subsection 20(2) or 21(2); and
(ii) was unable, by the use of those procedures, to identify no risk or a low risk that the raw log is illegally logged.
(2) The processor must, before processing the raw log:
(a) identify and assess (to the standard set out in subsection (2A)) the risk that the raw log is illegally logged by:
(i) assessing the information gathered in accordance with subsection 19(1); and
(ii) considering the factors mentioned in subsection (3); and
(b) make a written record of the assessment and risk identification process undertaken in accordance with this section.
(2A) The identification and assessment of risk mentioned in paragraph (2)(a), and any outcome of that identification and assessment, must be reasonable.
(3) For subparagraph (2)(a)(ii), the factors are the following:
(a) the prevalence of illegal logging in general in the area in which the raw log is harvested;
(b) the prevalence of illegal harvesting in the area of the species of tree from which the raw log is derived;
(c) any other information the processor knows, or ought reasonably to know, that may indicate whether the raw log is illegally logged.
Civil penalty provision
(4) A processor is liable to a civil penalty if the processor contravenes subsection (2).
Civil penalty: 100 penalty units.