The Australian Government is cracking down on illegal logging imports and in November 2012, the Illegal Logging Prohibition Act 2012 made it a criminal offense to “intentionally, knowingly or recklessly import illegally logged timber or timber products into Australia”.
Read on to learn what you, as an importer of timber or timber products, need to do to be compliant by the deadline of 30 November 2014.
Have your timber or timber products been legally logged?
The second part of the illegal logging laws, as outlined in the Illegal Logging Prohibition Amendment Regulations 2013 will come into effect on 30 November 2014. The Department of Agriculture has noted that the new process will require importers to make a declaration to Customs about their compliance with the new due diligence requirements.The new due diligence requirements include a four-step process as detailed by the Department of Agriculture:
- Gathering information about the timber of timber product you are importing
- If appropriate, use a Timber Legality Framework or Country Specific Guideline to help inform your decision making
- Assessing the risk the timber or timber product you are importing has been illegally logged.
- Where necessary, undertake extra steps to reduce the risk the timber you are importing has been illegally logged.
Source: Department of Agruculture, 2.1 Due diligence - guidance for importers
The Department of Agriculture will ensure compliance with the new due diligence process by including a additional Community Protection question that must be answered as part of the Customs clearance process. The question has been recently finalised and is included below:
"Has the importer complied with the due diligence requirements of the Illegal Logging Prohibition Act 2012 and associated regulations? (if product is exempt or does not contain timber, answer yes)"
Detailed information has been provided by the Department of Agriculture for Importers and Australian Customs Brokers and we recommend you follow these links to access this information.
- Detailed information on the due diligence guidance for importers
- Overview of key responsibilities as a timber importer under the illegal logging laws
- Which timber products are regulated
- Frequently asked questions on illegal logging
BCR recommends:
Non-compliance comes with serious consequences. If you are found to have imported timber or timber products that were illegally logged, you could face jail time and heavy fines. We recommend that you read the information provided from the Department of Agriculture to familiarise yourself with the new requirements, and get in contact with your Customs Broker to discuss how they will be supporting your business through the introduction of this new process. If you are unhappy with the level of service you are receiving from your Customs Broker in relation to this or any other Customs Brokerage matters, please contact us today.
Please note that this information is for informational purposes only and the information is not legally binding.
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