DO YOU IMPORT TIMBER PRODUCTS?

The AFA has designed the AFA Timber Due Diligence Toolkit to assist Members meet their Illegal Logging Regulation compliance requirements.

Penalties for non-compliance apply. The penalty for breaching the Act are as much as 5 years in jail and fines of 500 penalty units equivalent to AUD $105,000.00.

Below is a list of Frequently Asked Questions, to determine if they you are required to perform Due Diligence on imported timber products.

Purchase your AFA Timber Due Diligence Toolkit HERE

When was the Illegal Logging Prohibition Act introduced?

The Illegal logging act and the illegal logging regulation were introduced in 2012. From 1 January 2018 the Department of Agriculture and Water Resources will cease the “soft start” audit period. Penalties for non-compliance will apply after this date.

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA by email to membership@australianfurniture.org.au

How do I know if I am affected by the Illegal Logging Prohibition Act, 2012?

by All importers of timber or timber containing products are affected by the Act. This includes the high-risk sector of furniture and furnishing products. The Act makes it illegal to import illegally logged timber products into Australia. It also makes it illegal to process illegally logged timber from Australia.

You are REQUIRED to undertake a Due Diligence process if your imported product is a regulated product listed in Schedule 1 of the Illegal Logging Prohibition Regulation, 2012.

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email membership@australianfurniture.org.au

I import a product that contains two different timber species. How do I conduct my Due Diligence?

The only way to conduct the Due Diligence on this product is to conduct separate processes on each species.

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email membership@australianfurniture.org.au

I have been told that I need to document my Due Diligence process. How can I do this?

We recommend you read the Due Diligence Guidance Document prepared by AFA. The AFA Due Diligence Guidance Template Kit can then be edited to suit your specific business needs. You can then implement the process recommended by the Due Diligence Guidance Document to maintain any records that are created.

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email membership@australianfurniture.org.au

Who is responsible for carrying out of Due Diligence for our imported products?

The regulation specifies that the IMPORTER should carry out the Due Diligence process. It is up to the business to nominate someone. As a guide the person should have a good knowledge of the products and the importation process as well as the requirements of the illegal logging legislation. Your customs broker CANNOT undertake the Due Diligence Assessment for you.

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email membership@australianfurniture.org.au

I am importing some furniture parts with the tariff code 9403.90.00-OTHER FURNITURE AND PARTS THEREOF: - Parts. They are made from plastic. Why have I been asked by my Customs Broker to complete the community protection question (CPQ)?

You are being asked to complete the CPQ because the parts that are being imported may be made from wood, so the tariff code is flagged for the CPQ to be asked. The best way to deal with this issue is to identify if the product is exempt and make a record of it in your Due Diligence System. There is a form that you can use in the AFA Due Diligence Template (Appendix 3). You should also authorise your Customs Broker to answer “yes” to the CPQ.

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email membership@australianfurniture.org.au

I have asked my supplier for information regarding the products that they supply me but they have not provided all the information. What should I do?

You should ask them again and if they cannot supply the information then you must make an assessment of the risk that the product that they supply may contain illegally logged timber. Just because they cannot supply the information does NOT absolve you from carrying out the risk assessment. It simply makes it harder for you to make an assessment that the product is low risk of containing Illegal logged timber. If you cannot reach a conclusion that the product is low risk, you should consider other risk mitigation options such as CHANGING SUPPLIERS.

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email membership@australianfurniture.org.au

What should I do if the information provided by my supplier is unclear or inconsistent?

It is important to note that you as the importer have the responsibility to perform due diligence and only import those goods and materials where evidence is provided confirming these materials are low risk of containing illegal timber.  If clear and objective evidence is not provided, and you import these materials, you may be breaching the Illegal Logging Prohibition Act and be subject to the penalties prescribed in the Act.

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email membership@australianfurniture.org.au

What are the non-compliance penalties for breaching the Illegal Logging Prohibition Act?

Currently the penalty for breaching the Act are as much as 5 years in jail and fines of 500 penalty units which in 2017 were equivalent to AUD$150,000.00

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email membership@australianfurniture.org.au

If the importer informs the customs broker via email or verbally confirms they don’t use illegally logged timber, is this enough evidence of due diligence?

From the Customs Brokers perspective it is best to get the details in writing authorising them to answer “yes” to the CPQ. There is a form in the AFA Due Diligence System Template Kit for this. The authorisation should make it clear what products are covered and for how long the authorisation is in place. For example: Is it for this consignment only? or for the next 6 months? The Customs Broker does not need to do any more. If the Importer does not carry out suitable Due Diligence the breach of the Act or Regulation is the Importers responsibility.

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email membership@australianfurniture.org.au

What are the regulated tariff codes and regulated timber products and exemptions?

Regulated timber products and tariff codes are listed in Schedule 1 of the Illegal Logging Prohibition Regulation 2012.

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email membership@australianfurniture.org.au

Where can I get further help regarding the Illegal logging legislation if I need it?

Go to AFA Timber Due Diligence Toolkit or you can contact the AFA or by email care@theafa.asn.au 

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