Customs (Prohibited Imports) Amendment Regulations 2003 (No. 10) (Cth)

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Customs (Prohibited Imports) Amendment Regulations 2003 (No. 10)1

Statutory Rules 2003 No. 3212

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 Imports) Amendment Regulations 2003 (No. 10).

2Commencement

These Regulations commence on 31 December 2003.

3Amendment of Customs (Prohibited Imports) Regulations 1956

Schedule 1 amends the Customs (Prohibited Imports) Regulations 1956.

Schedule 1Amendments

(regulation 3)

  

[1]Subregulation 2 (1), before definition of Australian standard

insert

amphibole asbestos means asbestos in a form other than chrysotile.

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 4BA

insert

4CImportation of asbestos

  1. (1)

    The importation into Australia of amphibole asbestos, or goods containing amphibole asbestos, is prohibited unless:

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

    1. (b)

      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 import the amphibole asbestos or goods, and the confirmation is produced to a Collector; or

    2. (c)

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

  2. (2)

    For paragraph (1) (b), the Minister or authorised person may grant permission to import the amphibole asbestos or goods.

  3. (3)

    The importation into Australia of chrysotile, or goods mentioned in Part 1 of Schedule 3B that contain chrysotile, is prohibited unless:

    1. (a)

      the chrysotile is, or the 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 confirms that the proposed use of the chrysotile or goods is in accordance with the State or Territory law relating to occupational health and safety; 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 chrysotile 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 chrysotile 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 import the chrysotile or goods; or

    6. (f)

      the chrysotile is, or the goods are, being imported from the Australian Antarctic Territory; or

    7. (g)

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

  4. (4)

    However, subregulation (3) does not prohibit importation into Australia of goods, containing chrysotile, that are incorporated into other goods in a way that does not constitute a risk to users until the chrysotile in the goods is disturbed.

  5. (5)

    For paragraphs (3) (b), (c) and (d):

    1. (a)

      both:

      1. (i)

        the confirmation must state that the chrysotile is, or goods are, for a use mentioned in Part 2 of Schedule 3B; and

      2. (ii)

        the chrysotile or goods must be imported on or before the date mentioned in Part 2 of Schedule 3B for that use; or

    2. (b)

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

  6. (6)

    For paragraph (3) (e), the Minister or authorised person may grant permission to import chrysotile or goods only if he or she is satisfied that the chrysotile is, or goods are, for research, analysis or display.

  7. (7)

    For paragraphs (3) (b), (c), (d) and (e), a copy of the confirmation must be produced to a Collector.

[3]After Schedule 3A

insert

Schedule 3BChrysotile

(subregulation 4C (3) and paragraph 4C (5) (a))

Part 1Goods containing chrysotile

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 importation of chrysotile

Item

Uses for which permission may be granted

Deadline for importation

1

Use of chrysotile in compressed asbestos fibre gaskets that is:

  1. (a)

    for use with:

    1. (i)

      saturated steam; or

    2. (ii)

      superheated steam; or

    3. (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

31 December 2004

  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 chrysotile 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 chrysotile 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 chrysotile 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 chrysotile

31 December 2007

Notes

1. These Regulations amend Statutory Rules 1956 No. 90, as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309, 369 and 383; Act No. 75, 1981; Statutory Rules 1982 Nos. 44, 80, 102, 170, 236 and 252; 1983 No. 331; 1984 Nos. 55, 64, 102, 128, 260, 261, 317 and 318; 1985 Nos. 26, 96, 139, 160, 305 and 377; 1986 Nos. 180, 307, 342, 362 and 385; 1987 Nos. 37, 98, 101, 320 and 321; 1988 Nos. 64, 136, 177, 326, 327, 374 and 375; 1989 Nos. 60 and 379; 1990 Nos. 39, 191, 265, 324, 460 and 467; 1991 Nos. 23, 76, 248 and 289; 1992 Nos. 49, 154, 189, 286 and 413; 1993 Nos. 67, 211, 256, 257 and 382; 1994 Nos. 104, 171, 241, 314 and 378; 1995 Nos. 15, 89, 403 and 412; 1996 Nos. 31, 59, 68, 91, 123, 226, 324 and 325; 1997 Nos. 22, 93, 129, 254, 285, 317, 385 and 386; 1998 Nos. 4, 52, 58 and 228; 1999 Nos. 165, 201, 202, 217, 249, 250, 275, 332 and 333 (disallowed by the House of Representatives on 5 June 2000); 2000 Nos. 32, 75, 143, 213, 214, 215, 234 and 299; 2001 No. 60; 2002 Nos. 30, 81, 206, 331 and 332; 2003 Nos. 18, 26, 53, 54, 89, 97, 166, 210, 253 and 309.

2. Notified in the Commonwealth of Australia Gazette

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