15th June 2021
Due to the recent housing boom, Australia has seen an influx of building materials from overseas, prompting the Australian Border Force (ABF) to crack down on possible asbestos containing materials (ACM) being imported.
In Australia, asbestos is classed as a Tier 1 good, under the customs regulations 2015. This means that importing any amount of the substance is illegal and individuals can be fined $222,000 or 3 times the value of the goods, whichever is greater.
Despite being banned in Australia, it is not uncommon for the ABF to find asbestos in imported building products and vehicles. Between July 2020 and March 2021, the ABF served 102 infringement notices with fines totaling over $900,000.
Asbestos has been proven to be a group 1 carcinogen, meaning that there is sufficient evidence of carcinogenicity in humans, that is to say – we know it causes cancer. Despite the numerous studies and overwhelming evidence, many countries still allow asbestos to be used in building materials, vehicles, and other applications. This poses a risk to Australia if building materials are being imported from these countries, particularly from manufacturers that also produce ACM.
Assistant Minister for Customs, Community Safety and Multicultural Affairs the Hon Jason Wood has stated the intention is not to hold up any legitimate and safe building materials, particularly during this housing boom which boosts our economy, the intention rather is to protect the Australian community from asbestos.
He has also advised importers to consider if the products they are importing may unintentionally contain asbestos, taking into consideration whether the country of manufacture allows the use of asbestos in the goods they are importing.
It is the responsibility of the importer to ensure that goods do not contain asbestos before they are imported to Australia, in some cases, a declaration from the supplier may not be enough. The ABF has advised on some measures that importers can take to ensure their materials are not detained at the border. These include:
· Apply contractual obligations with their suppliers that specify nil asbestos content.
· Do research – do not purchase from suppliers that manufacture ACM products, even if the goods purchased are labelled non-asbestos.
· Engage sampling and accredited tested before the content is shipped to Australia.
· Undertake regular risk assessment and quality assurance processes.
Importing ACM can be detrimental to the reputation of the importer. Businesses should be suspicious of cheap prices from manufacturers that knowingly use asbestos, but also guarantee risk free production. The financial losses that could be incurred from goods seizure and potential fines will far outweigh the cheaper price of the materials.
Sources:
ABF target asbestos in imported building products
Detections of asbestos in imported goods
Guidance for importers and exporters