SUMMARY
Timber Product Testing at the Border: The proposal for testing timber products at the border, akin to asbestos testing by the Australian Border Force (ABF), may lead to financial penalties and delays due to limited testing resources. FTA / APSA recommend post-border testing, coordinated through customs brokers, allowing goods to move without substantial border-related charges. Notice Requirement for Importers and Processors: FTA / APSA support the proposal for importers and processors to give notice before handling regulated timber products, as compliant importers typically share necessary information. However, concerns about the regulator's capacity to manage this data persist. Modernisation of DAFF's ICT systems is needed, and data submission methods should align with industry platforms like SAP and CargoWise. Enforcement and Due Diligence: Clarification is needed for strict liability offences enforcement. Customs brokers, often under Approved Arrangements with DAFF, should not be primary enforcement targets if due diligence is completed. FTA / APSA recommend a single due diligence check by customs brokers, with importers responsible for ongoing disclosure. Clear guidelines on due diligence requirements are essential. Time Frame for Infringement Notices and Publication of Contraventions: FTA / APSA suggest limiting the time frame for issuing infringement notices to one year from offence detection, balancing investigation thoroughness and certainty for importers and brokers. FTA /APSA propose DAFF avoid publishing company names in infringement notices to prevent reputational damage, recommending either court handling or general publication without disclosing identities.
RECOMMENDATIONS
FTA / APSA has engaged with the Simplified Targeting and Enhanced Processing System (STEPS) and the Illegal Logging teams at DAFF, and advocated within the Department of Agriculture, Fisheries and Forestry Cargo Consultative Committee (DCCC) for a review of the legislative framework for illegal logging compliance.
FTA / APSA asserts that customs brokers should not be responsible for illegal logging compliance, as their primary role is to assess commodities for Customs Tariff purposes and identify potential DAFF interventions. Imposing additional compliance measures on customs brokers introduces unnecessary burdens outside their expertise.
Many compliance tasks could be managed post-importation. DAFF has the capability to identify importers of timber-related products, and FTA / APSA recommends developing a post-border compliance regime.
FTA / APSA urges a reconsideration of customs brokers' roles in illegal logging compliance. By reallocating these responsibilities to more appropriate industry participants and developing a robust post-border compliance regime, illegal logging issues can be managed more effectively. Sal Milici - Licensed Customs Broker
General Manager Trade Policy & Operations - FTA / APSA
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