Restricted Goods

Australian Customs and Border Protection Service

Prohibited and Restricted Goods

• The Australian Government controls the import of certain goods into Australia. The controls either take the form of:

- an absolute prohibition, which means that you are not allowed to import the goods in any circumstances, or

– a restriction, where you need to either have written permission in order to import the goods, or a specific exemption applies.

Asbestos

The import of asbestos into and the export of asbestos out of Australia is prohibited under the Customs Act 1901, Customs (Prohibited Import) Regulations 1956 and the Customs (Prohibited Export) Regulations 1958, without permission.

Permission or Exemptions

• An importer may apply for permission to import goods that contain asbestos to the Minister administering the Occupational Health and Safety Act 1991Permission to import can only be granted if the Minister is satisfied that the goods are for research, analysis or displayExemptions may apply, for example where goods are raw materials that contain naturally occuring traces of asbestos

Tolerance

• There is no tolerance level for asbestos being imported or exported without permission or exemption

• Any percentage of asbestos present in goods will be deemed to be prohibited

The Australian Government wants to ensure goods are highly compliant with the regulations, and this year established the Asbestos Safety and Eradication Agency

Risk Management

• All operational activity is risk managedGood information and intelligence is essentialGathered from: Customs investigations

other government agencies foreign governments

– general public

Targeted activity

Customs and Border Protection has undertaken a wide range of targeted activity relating to asbestos:

- Carrying out targeted operations of known or suspected suppliers and importers

– Responding to industry information– Random assessment of cargo

Examples of goods found to contain asbestos

• Friction materials (brake pads and clutch assemblies)

• Gaskets and seals• Cement materials• Compressed sheeting• Fire protection gloves and blankets

Examples of asbestos - auto industry

• The majority of asbestos material identified in the auto industry has been in gaskets

• This is consistent with other industries (e.g. Mining)

• Some asbestos has been identified in

friction materials (brake pads and clutch assemblies)

Detections and Penalties

• Recent detections include identification of asbestos in motor vehicles, the linings of pre-fabricated buildings, vessels and heavy equipment used in the mining industry

• Recent penalties issued include a AUD64,000 fine for importing asbestos in machinery parts

Cooperation with other agencies

• Contribution to the National Review of Asbestos Management

• Participation in a national working group to examine the risk and management of asbestos

Ozone Depleting Substances (ODS) and Synthetic Greenhouse Gases (SGG)

• Vehicles equipped with an air conditioner or a refrigerant system (pre-charged equipment) may be subject to provisions of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.

• Requests to import these goods should be addressed to: ozone@environment.gov.au

More informationAustralian Customs and Border Protection Service

•www.customs.gov.au•community.protection@customs.gov.auDepartment of Employment

•www.employment.gov.auDepartment of the Environment

•http://www.environment.gov.au

Key messages

• There is no tolerance for the import or export of asbestos without relevant permission or exception

• Licences are required to import or export goods containing ODS and SGGs

• When negotiating contracts with Australian distributors, ensure there is a clear understanding of the import regulations

Thank you for your attention