Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"Australia" , when used in a geographical sense, does not include the external Territories.
"civil penalty order" has the meaning given by subsection 60(4).
"civil penalty provision" has the meaning given by section 59.
"Commonwealth authority" means the following:
(a) a body corporate established for a public purpose by or under an Act;
(b) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
(i) the Commonwealth;
(ii) a body covered by paragraph (a).
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"contravention" of this Act means:
(a) a contravention of an offence or civil penalty provision in this Act; or
(b) a contravention of the Crimes Act 1914 or the Criminal Code that relates to this Act.
"Customs Minister" means the Minister administering the Customs Act 1901 .
"damage" , in relation to data, includes damage by erasure of data or addition of other data.
"due diligence requirements" :
(a) for importing regulated timber products--has the meaning given by subsection 14(1); and
(b) for processing raw logs--has the meaning given by subsection 18(1).
"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
(a) a thing with respect to which this Act has been contravened or is suspected, on reasonable grounds, to have been contravened; or
(b) a thing that there are reasonable grounds for suspecting will afford evidence of a contravention of this Act; or
(c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening this Act.
"illegally logged" , in relation to timber, means harvested in contravention of laws in force in the place (whether or not in Australia) where the timber was harvested.
"import" means import into Australia.
"inspector" means a person appointed under section 19.
"investigation powers" has the meaning given by sections 31, 32 and 34.
"investigation warrant" means a warrant issued under section 42 or 43.
(a) a magistrate; or
(b) a Judge of a court of a State or Territory; or
(c) if a Federal Magistrate or a Judge of the Federal Court of Australia has consented to act as an issuing officer for the purposes of this Act and that consent is in force--the Judge or Federal Magistrate.
"monitoring powers" has the meaning given by sections 23, 24 and 26.
"monitoring warrant" means a warrant issued under section 28.
"occupier" , of premises, includes the person apparently in charge of the premises.
"person assisting" an inspector:
(a) in Division 2 of Part 3 (monitoring powers)--has the meaning given by subsection 27(1); and
(b) in Division 3 of Part 3 (investigation powers)--has the meaning given by subsection 35(1).
"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).
"regulated timber product" has the meaning given by subsection 9(3).
"relevant court" means the Federal Court of Australia.
"Secretary" means the Secretary of the Department.
"this Act " includes the regulations.
"timber product" means a thing that is, is made from, or includes, timber.