Customs (Prohibited Exports) Amendment Regulations 2003 (No. 6) (Cth)

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Customs (Prohibited Exports) Amendment Regulations 2003 (No. 6)1

Statutory Rules 2003 No. 3202

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 18 December 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

1Name of Regulations

These Regulations are the Customs (Prohibited Exports) Amendment Regulations 2003 (No. 6).

2Commencement

These Regulations commence on 31 December 2003.

3Amendment of Customs (Prohibited Exports) Regulations 1958

Schedule 1 amends the Customs (Prohibited Exports) Regulations 1958.

Schedule 1Amendments

(regulation 3)

  

[1]Subregulation 2 (1), after definition of arms or related matériel

insert

asbestos means any of the following fibrous forms of mineral silicates belonging to the serpentine or amphibole groups of rock-forming minerals:

  1. (a)

    actinolite asbestos;

  2. (b)

    amosite (brown asbestos);

  3. (c)

    anthophyllite asbestos;

  4. (d)

    chrysotile (white asbestos)

  5. (e)

    crocidolite (blue asbestos);

  6. (f)

    tremolite asbestos.

[2]After regulation 3

insert

4Exportation of goods mentioned in Schedule 1 (asbestos)

  1. (1)

    The exportation from Australia of asbestos, or goods mentioned in Part 1 of Schedule 1 that contain asbestos, is prohibited unless:

    1. (a)

      the asbestos is, or goods are, hazardous waste as defined in section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989; or

    2. (b)

      an authority of a State or Territory provides a confirmation in accordance with subregulation (3); or

    3. (c)

      the Safety, Rehabilitation and Compensation Commission confirms that it has granted an exemption under the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 for the use of the asbestos or goods; or

    4. (d)

      the Seafarers Safety, Rehabilitation and Compensation Authority confirms that it has granted an exemption under the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003 for the use of the asbestos or goods; or

    5. (e)

      the Minister administering the Occupational Health and Safety (Commonwealth Employment) Act 1991 or a person authorised by that Minister confirms that he or she has granted permission to export the asbestos or goods; or

    6. (f)

      the goods are raw materials that contain naturally occurring traces of asbestos.

  2. (2)

    However, subregulation (1) does not prohibit exportation from Australia of goods, containing asbestos, that are incorporated into other goods in a way that does not constitute a risk to users until the asbestos in the goods is disturbed.

  3. (3)

    For paragraphs (1) (b), (c) and (d):

    1. (a)

      both:

      1. (i)

        the confirmation must state that the asbestos is, or goods are, for a use mentioned in Part 2 of Schedule 1; and

      2. (ii)

        the asbestos or goods must be exported on or before the date mentioned in Part 2 of Schedule 1 for that use; or

    2. (b)

      the confirmation must state that the asbestos is, or goods are for research, analysis or display.

  4. (4)

    For paragraph (1) (e), the Minister or authorised person may grant permission to export the asbestos or goods.

  5. (5)

    For paragraphs (1) (b), (c), (d) and (e), a copy of the confirmation must be produced to a Collector.

[3]Before Schedule 3

insert

Schedule 1Asbestos

(subregulation 4 (1))

Part 1Goods containing asbestos

Item

Goods

1

Cement corrugated sheets

2

Cement flat sheeting or panels

3

Cement shingles or tiles (external or ceiling)

4

Cement pipes, tubes or fittings

5

Brake linings or blocks

6

Clutch linings or brake disc pads

7

Gaskets or seals

8

Sheeting

9

Electrical panel partitioning

10

Fire blankets

11

Fire curtains

12

Gloves

13

Asbestos tape

14

Asbestos rope

15

Electrical cloth and tapes

16

Yarn and thread, cords and string, whether or not plaited

17

Lagging and jointing materials

18

Tiles

19

Sheet vinyl backing

20

Textured paints or coatings

21

Asbestos bitumen products used to damp-proof

22

Heat resistant sealing or caulking compounds

23

Mastics, sealants, putties or adhesives

24

Mixtures containing phenol formaldehyde resin or cresylic formaldehyde resin

25

Diaphragms

26

Raw materials from mining activities

Part 2Permitted exportation of asbestos

Item

Uses for which permission may be granted

Deadline for exportation

1

Use of asbestos in compressed asbestos fibre gaskets that is:

  1. (a)

    for use with:

    1. (i)

      saturated steam; or

    2. (ii)

      superheated steam; or

31 December 2004

  1. (iii)

    substances that are classified as dangerous goods (as defined in the Australian Code for the Transport of Dangerous Goods by Road and Rail, 6th edition, published by the Federal Office of Road Safety in 1998); or

  1. (b)

    for use with chlorine in a plant used in liquid chlorine service with design process conditions of -45°C and 1 500 kPa

31 December 2006

2

Use of asbestos in a product that consists of a mixture of asbestos with a phenol formaldehyde resin or with a cresylic formaldehyde resin used in:

  1. (a)

    a vane for rotary vacuum pumps; or

  2. (b)

    a vane for rotary compressors; or

  3. (c)

    a split face seal of at least 150 mm in diameter used to prevent leakage of water from cooling water pumps in fossil fuel electricity generating stations

31 December 2007

3

Use of asbestos in a diaphragm for use in electrolytic cell in an existing electrolysis plant for chlor-alkali manufacture

31 December 2006

4

Use by the Department of Defence or the Australian Defence Force of asbestos in a part or component of a plant, if:

  1. (a)

    the unavailability of the part or component prevents the plant from being available for use; and

  2. (b)

    the unavailability of the plant prevents a mission from being undertaken; and

  3. (c)

    there is no reasonable alternative to the use of asbestos

31 December 2007

Notes

1. These Regulations amend Statutory Rules 1958 No. 5, as amended by 1959 No. 5; 1961 Nos. 16 and 112; 1963 Nos. 129 and 130; 1964 No. 144; 1965 No. 136; 1966 Nos. 70 and 75; 1967 Nos. 42, 59 and 123; 1968 Nos. 46, 83, 101, 153, 160 and 162; 1969 Nos. 11, 21, 22 and 219; 1970 Nos. 34, 68, 89, 106 and 121; 1972 No. 210; 1973 Nos. 4, 7, 39, 74, 102, 138, 218 and 248; 1974 Nos. 46, 157, 178 and 250; 1975 Nos. 19, 44, 45, 173 and 224; 1976 Nos. 169 and 233; 1977 No. 89; 1978 Nos. 14, 58, 59 and 277; 1979 Nos. 160 and 237; 1980 Nos. 21, 61, 72, 76, 82, 99, 110, 212, 273, 358, 381 and 383; 1981 Nos. 49, 72, 86, 149, 225, 251 and 324; 1982 Nos. 169, 171 and 310; 1983 No. 272; 1984 Nos. 35, 63, 191, 262, 263 and 316; 1985 Nos. 1, 68, 138 and 378; 1986 Nos. 76, 89, 177, 178, 328, 364, 365, 366 and 388; 1987 Nos. 97, 115, 156, 176, 301, 317, 318 and 319; 1988 Nos. 65, 178, 195 and 361; 1989 Nos. 57, 59, 196, 264 and 388; 1990 Nos. 125, 146, 190, 264, 333 and 438; 1991 Nos. 24, 77, 118, 288 and 413; 1992 Nos. 61, 83, 103, 155, 412 and 414; 1993 Nos. 68, 212, 258 and 322; 1994 Nos. 32, 143, 172, 242, 313, 379, 392 and 417; 1995 Nos. 71 and 90; 1996 Nos. 32, 47, 48, 49, 50 (Statutory Rules 1996 Nos. 47, 48, 49 and 50 were disallowed by the Senate on 23 May 1996), 69, 225, 281 and 282; 1997 Nos. 30, 31, 32, 33, 380, 381, 382 and 383; 1998 No. 211; 1999 Nos. 9, 164, 200, 216, 248, 274 and 331; 2000 Nos. 211 and 212; 2001 No. 171; 2002 Nos. 29, 139, 204, 205 and 330; 2003 Nos. 17, 44, 52, 88, 97 and 308.

2. Notified in the Commonwealth of Australia Gazette

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