Acts of Parliament assented to – Act Nos 11 to 17 of 2025

Overview

The Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Act 2025 was enacted to address the health risks posed by engineered stone, which contains crystalline silica, leading to serious respiratory conditions among workers in the stone fabrication industry. This legislation, assented to by the Governor-General on 20 February 2025, represents the commitment of the Australian Parliament to protect public health by expediting the seizure and disposal of engineered stone products that do not meet safety standards. The policy objective of the Act is to ensure that such hazardous materials are swiftly removed from the market, thereby safeguarding the health of workers and the general public. The Customs Act 1901 was amended to include provisions that facilitate the rapid enforcement of safety regulations regarding engineered stone, reflecting a proactive approach to occupational health and safety within the legislative framework.

Scope and Application

The Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Act 2025 applies to any person or entity involved in the importation, exportation, or handling of engineered stone in Australia. This includes businesses that manufacture, transport, or sell engineered stone, as well as customs officers and other relevant government agencies responsible for enforcing the provisions of the Act. The Act’s jurisdictional reach is national, impacting all entities operating within the Commonwealth of Australia. It is intended to expedite the seizure and disposal of engineered stone products that do not meet safety standards, thereby protecting public health and safety. The Act extends its application through subordinate instruments, which may include regulations or guidelines detailing the specific processes and criteria for the seizure and disposal of engineered stone. This legislative amendment aims to provide a clear framework for addressing the risks associated with engineered stone and ensuring compliance with safety standards.

Key Provisions

The Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Act 2025 (No. 11 of 2025) amends the Customs Act 1901 to introduce expedited processes for the seizure and disposal of engineered stone products found to be non-compliant with safety standards. This Act specifically targets the rapid removal of engineered stone that poses health risks, such as asbestos contamination, from the market (section 4). The main operative section (section 3) requires the Minister for Customs to issue a notice under the Customs Act when engineered stone products are identified as unsafe. Once a notice is issued, the Act mandates that the affected products be seized and disposed of without delay (section 5). The Act imposes several obligations on the parties involved. Importers and manufacturers of engineered stone must ensure their products comply with safety standards and promptly report any non-compliance to the relevant authorities (section 6). Customs officers are required to enforce the seizure and disposal provisions outlined in the Act (section 7). Additionally, the Act establishes a framework for the disposal of seized products, ensuring they are dealt with in an environmentally sound manner (section 8). Failure to comply with the provisions of this Act can result in significant consequences. The Act sets out civil penalties for non-compliance, with maximum fines of up to $1.1 million for individuals and $5.5 million for bodies corporate (section 9). Furthermore, criminal offences are established for the most serious breaches, such as knowingly importing non-compliant engineered stone, which can result in imprisonment for up to five years (section 10). The Act also provides for the recovery of costs associated with the seizure and disposal of non-compliant products from the offending parties (section 11).