Asbestos
- Document symbol
- G/LIC/N/3/AUS/16
- Original language
- English
- Published on
- 27/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Under the Customs (Prohibited Imports) Regulations 1956 (PI Regulations), the importation of asbestos, or goods containing asbestos, is subject to prohibition. The regulations empower the Work Health and Safety Minister (the WHS Minister) administering the Work Health and Safety Act 2011 (WHS Act) to grant permission to import asbestos in certain circumstances.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Under the PI Regulations, the importation of asbestos, or goods containing asbestos, is prohibited unless:
(a) The asbestos or goods containing asbestos are hazardous waste as defined in Section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (Hazardous Waste Act). Goods of this type must be imported in accordance with the provisions of the Hazardous Waste Act;
(b) The goods are raw materials containing naturally occurring traces of asbestos; or
(c) Permission has been granted by the WHS Minister for one or more of the following purposes:
i) in any case: research, analysis or display;
ii) if the importation is from and Australian external territory: disposal in a mainland state or territory; or
(d) A confirmation from an authority of an Australian state or territory is in force stating that the proposed use of the asbestos or goods is research, analysis or display in accordance with WHS laws of that state or territory; or
(e) The importation is of a ship or resources installation and all of the following apply:
i) of at least 150 gross tonnage as shown on the International Tonnage Certificate;
ii) the asbestos was installed or affixed before 1 January 2005;
iii) the asbestos in the ship or resources installation will not be a risk to any person unless it is disturbed.
Asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or amphibole groups of rock forming minerals including the following:
(a) actinolite asbestos;
(b) grunerite (or amosite) asbestos (brown);
(c) anthophyllite asbestos;
(d) chrysotile asbestos (white);
(e) crocidolite asbestos (blue);
(f) tremolite asbestos; and
(g) a mixture that contains one or more of the minerals referred to in paragraphs (a) to (f).
Q3. The system applies to goods originating in and coming from which countries?
The regulations apply to the importation of goods from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The importation of all forms of asbestos is regulated as a community and workplace safety measure. The importation of asbestos is subject to prohibition to reduce and prevent occupational and environmental exposures to asbestos fibres, and the possible adverse health outcomes attributed to these exposures. In addition to the prohibition of the importation of asbestos, the use of asbestos is prohibited in all Australian state, territory and Commonwealth work health and safety regulations. The import prohibition applies to all goods that contain asbestos regardless of their value.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The control on importation of asbestos and goods containing asbestos is a statutory requirement under Regulation 4C of the PI Regulations made under the Customs Act 1901 (Customs Act). The system cannot be abolished without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Permission to import must be obtained before shipment to Australia.
Q7.b. Can a licence be granted immediately on request?
A request for permission to import asbestos can be made at any time by writing to the Minister administering the WHS Act, or to the CEO of the Asbestos Safety and Eradication Agency (the Agency) who is authorised by Ministerial instrument to grant permission in some instances. Upon consideration of the request, the Minister or authorised person will reply to the applicant.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Permission to import may be granted at any period of the year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Consideration of licence applications is affected by the Asbestos Safety and Eradication Agency. The Agency consults with the Department of Employment and Workplace Relations (DEWR), which has responsibility for the WHS Act. The WHS Minister is briefed by the Agency or the DEWR in relation to applications that are complex or not routine in nature. Otherwise, the delegated decision maker is the CEO of the Agency.
Permission to import may be granted for a one-off import or for an ongoing period, as decided by the WHS Minister or CEO of the Agency.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Applications for permission to import asbestos are risk-assessed on a case-by-case basis. The act of applying for permission does not guarantee permission will be granted.
There are no specific appeal provisions in relation to asbestos available under the PI Regulations. However, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply for permission to import asbestos.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
For permission to import, applications must be made in writing to the WHS Minister or to the CEO of the Agency. The application should include the following information:
- importer's name, if applicable – previous import permit, type of organisation or business, Australian Business Number (ABN), website, email address, address and phone number, as well as those details for a representative;
- details of the asbestos or goods containing asbestos to be imported including the reason or purpose for the importation, where the asbestos or goods containing asbestos are to be imported to and from, the amount of asbestos intended to be imported, and frequency of importation;
- details of the procedures to be used to package, label, handle, transport and dispose of the goods, and any relevant management plans as required, including whether they are compliant with relevant laws;
- where applicable – evidence that a laboratory where research will be undertaken has appropriate accreditation;
- where applicable – that relevant WHS regulator approval has been obtained; and
- an assurance the applicant will comply with relevant Commonwealth and state/territory legislation relating to the use, handling, transport, and disposal of asbestos.
Relevant information for applicants is available at the website of the Asbestos Safety and Eradication Agency (Australian Government).
Q11. What documents are required upon actual importation?
The import permission of the relevant Minister or authorised person is to be available for presentation to the Australian Border Force (ABF) at the point of importation. Asbestos must be declared as present in the goods when lodging the import entry.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The WHS Minister and authorised person (CEO of the Agency) have discretion as to the period of validity of a permission. Import permissions are single use or they may be for ongoing use, for a period specified in the permission letter depending on the applicant's requirements.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Not transferable.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The WHS Minister or authorised person may only grant permission to import asbestos:
- in any case, for the purpose of research, analysis or display, or
- in the case of (Australian) external territories, for disposal on the mainland.
Permission to import asbestos is granted conditional on it only being for one or more of these purposes, as specified in the permission letter. The WHS Minister or authorised person has discretion to attach other conditions, such as compliance with relevant laws in relation to asbestos.
Conditions are to ensure compliance with the asbestos border control and to reduce the risk of exposure of asbestos fibres to humans from the asbestos in the goods.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
In some states a person is required to seek permission to use asbestos from the relevant WHS regulator. It is a requirement that permission be sought prior to the granting of import permission.