CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

REGULATION 4C   IMPORTATION OF ASBESTOS  

4C(1)    
The importation into Australia of asbestos, or goods containing asbestos, is prohibited unless:

(a) the importation is of raw materials that contain naturally occurring traces of asbestos; or

(b) for the importation:

(i) a permission is in force under subregulation (2); and

(ii) a copy of the permission is produced to a Collector if the Collector requests; or

(ba) for the importation:

(i) a confirmation from an authority of a State or Territory is in force stating that the proposed use of the asbestos or goods is research, analysis or display in accordance with the law of the State or Territory relating to work health and safety; and

(ii) a copy of the confirmation is produced to a Collector if the Collector requests; or

(c) the importation is of hazardous waste as defined in section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989; or

(d) all of the following apply:

(i) the importation is of a ship or resources installation of at least 150 gross tonnage, as shown by the International Tonnage Certificate (1969) for the ship or resources installation;

(ii) the asbestos in the ship or resources installation was fixed or installed before 1 January 2005;

(iii) the asbestos in the ship or resources installation will not be a risk to any person unless the asbestos is disturbed.

Note: Ship and Resources installation are defined in section 4 of the Act.

4C(2)    
For the purposes of paragraph (1)(b), the Work Health and Safety Minister, or a person authorised by that Minister, may in writing grant permission for the importation of asbestos or goods containing asbestos.

4C(3)    
However, that Minister or authorised person may grant the permission only if that Minister or person is satisfied that the asbestos is, or the goods are, to be imported only for one or more of the following purposes:

(a) in any case - research, analysis or display;

(b) if the importation is from an external Territory - disposal in a State or Territory.

4C(4)    
A permission under subregulation (2) may be granted subject to conditions or requirements to be complied with by a person either before or after the importation.

4C(5) - (7)    
(Repealed by FRLI No F2019L00365)