Illegal Logging Prohibition Act 2012
No. 166, 2012
Compilation No. 6
Compilation date: 3 March 2025
Includes amendments: Act No. 84, 2024
About this compilation
This compilation
This is a compilation of the Illegal Logging Prohibition Act 2012 that shows the text of the law as amended and in force on 3 March 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Crown to be bound
4 Act does not extend to external Territories
5 Concurrent operation of State and Territory laws
6 Simplified outline of this Act
7 Definitions
Part 2—Importing
Division 1A—Introduction
7A Simplified outline of this Part
Division 1—Importing illegally logged timber
8 Importing illegally logged timber
9 Importing illegally logged timber in regulated timber products
10 Forfeiture
11 Application of the Customs Act 1901
Division 2—Importers’ due diligence
Subdivision A—Offences and civil penalties
12 Importing regulated timber products
13 Customs declaration
Subdivision B—Due diligence requirements for importing regulated timber products
13A Due diligence requirement—due diligence system
14 Due diligence requirements—other requirements prescribed by rules
Part 3—Processing
Division 1A—Introduction
14A Simplified outline of this Part
Division 1—Processing illegally logged raw logs
15 Processing illegally logged raw logs
16 Forfeiture
Division 2—Processors’ due diligence
Subdivision A—Offences and civil penalties
17 Processing raw logs
Subdivision B—Due diligence requirements for processing raw logs
17A Due diligence requirement—due diligence system
18 Due diligence requirements—other requirements prescribed by rules
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
Division 2—Notice of regulated timber products to be unloaded in Australia
18B Notice of…
Overview
The Illegal Logging Prohibition Act 2012 was enacted by the Australian Parliament to address the problem and gap of illegal logging activities, which contribute to deforestation, biodiversity loss, and undermine the sustainability of timber industries. This Act primarily aims to prohibit the importation of illegally logged timber and the processing of illegally logged raw logs, while also requiring due diligence from importers of regulated timber products and processors of raw logs. The policy objective of the Act is to combat illegal logging and ensure that timber entering Australia is legally harvested and sustainably sourced. The Act applies to all individuals and entities involved in the importation and processing of timber products within Australia, excluding external Territories. The Act also allows for the concurrent operation of State and Territory laws that are capable of operating concurrently with this Act.
Scope and Application
The Illegal Logging Prohibition Act 2012 is a Commonwealth Act that applies to all states and territories of Australia, except the external territories. This legislation is designed to prohibit the importation and processing of illegally logged timber, and to ensure that importers and processors of timber products take appropriate due diligence measures to mitigate the risk of dealing with illegally logged timber. The Act applies to constitutional corporations, which are corporations to which paragraph 51(xx) of the Constitution applies, as well as to other entities engaged in trade and commerce with other countries or among the states, or on behalf of constitutional corporations, or for the purposes of supplying timber products to constitutional corporations or the Commonwealth or Commonwealth authorities. The Act also applies to individuals who import or process raw logs into something other than raw logs, provided they meet the specified criteria. The Act provides for the appointment of inspectors to exercise monitoring, investigation, and enforcement powers, as well as the issuance of infringement notices, the acceptance of undertakings, and the granting of injunctions. It further outlines the Secretary's power to require audits to be carried out to assess compliance with due diligence requirements, and details the information management provisions, including the use and disclosure of information by entrusted persons. The Act extends to the enforcement actions through the application of the Regulatory Powers Act, which allows for the acceptance of undertakings, the enforcement of undertakings, and the granting of injunctions to ensure compliance with the Act.
Key Provisions
- The Illegal Logging Prohibition Act 2012 (the "Act") aims to combat illegal logging in Australia. The Act prohibits the importation of illegally logged timber (s 8) and the processing of illegally logged raw logs (s 15). The Act also mandates that importers of regulated timber products and processors of raw logs must conduct due diligence to reduce the risk of illegally logged timber entering the market (ss 13A, 17A). Importers must declare their compliance with due diligence requirements to the Customs Minister (s 13). Failure to comply with these requirements can result in criminal penalties (ss 12, 17). The Act provides for the forfeiture of goods that are found to be illegally imported (s 10). It also imposes civil penalties for importing or processing illegally logged timber and failing to comply with due diligence requirements (ss 12(3), 17(3)). Additionally, the Act requires notice to be given of the unloading of regulated timber products in Australia and the processing of raw logs (ss 18B, 18C). Failure to provide such notice can result in strict liability offences and civil penalties (ss 18B(7), 18C(6)). The Secretary can request information or documents from importers and processors to assess compliance with due diligence requirements (ss 18E, 18F). The Act also outlines the powers of inspectors, including the ability to enter premises and take samples (ss 21, 22). It provides for civil penalties, infringement notices, enforceable undertakings, and injunctions to enforce compliance with the Act (ss 23-26). The Act allows for the appointment of inspectors and the conduct of audits to ensure compliance (ss 19, 28). It also specifies the use and disclosure of information by entrusted persons in accordance with the Privacy Act 1988 and other laws (ss 34-48). The Act outlines the treatment of partnerships, trusts, and unincorporated bodies or associations under the law (ss 85A-85C). It provides protection from civil proceedings for protected persons acting in good faith (s 85D). The Act allows the Minister to make rules necessary for its administration (s 86).
- Area of Law
- Environmental Law
- Criminal Law
- Instrument
- Act
- Concepts
- Offence Provisions
- Civil Penalty Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Regulatory Standards
- Forfeiture
- Regulatory Powers
