Goods at risk of containing asbestos are being targeted by the Australian Border Force (ABF) for compliance and enforcement action.

Asbestos is a naturally occurring mineral fibre, still widely used in some countries due to its flexibility, tensile strength, insulation quality, chemical inertness and affordability. In a number of countries, unlike Australia, there are few to no restrictions in the use and supply of asbestos. Local standards in some countries may even classify goods as ‘asbestos-free’ where they meet a certain low level of asbestos content. In Australia, a product found with any level of asbestos is prohibited for import or use. Importers should be aware of the varying definitions and standards applied in the country of origin and/or supply. Many products containing asbestos can be freely ordered on the internet and will often claim to be asbestos-free. As a consequence, asbestos can be unintentionally and unknowingly imported into Australia.

All goods imported into Australia are assessed at Border and if there is a suspicion that goods arriving might contain asbestos, the goods will be detained and documentation will be requested. The ABF have added to the Import Declaration a new “community protection” question to numerous HS Codes – “Do the goods contain asbestos”? As your customs broker we are unable to answer this question with certainty. The onus is on importers to ensure they do not bring prohibited imports such as asbestos into Australia. It is our recommendation that you contact your supplier immediately and seek written confirmation that their goods do not contain any asbestos. Given that each shipment is risk assessed on the Import Declaration, a statement on the supplier’s commercial invoice stating “This Shipment Contains No Asbestos” would satisfy ABF’s initial risk assessment.

However, the importer may be required to arrange for testing and certification to ensure that there is no presence of asbestos. In some cases, certification provided to importers from overseas manufacturers that goods are asbestos- free has been proven incorrect or unreliable for the purposes of Australian Regulations. The presence of asbestos in goods can only be confirmed by licensed competent persons taking and sending samples to accredited laboratories for testing. The arrangement and cost of any independent inspection, testing and storage of goods at risk of containing asbestos is the responsibility of the importer. Notwithstanding the obvious health concerns with asbestos there are severe penalties. Border offences relating to asbestos attract fines of up to 1000 penalty units or three times the value of the goods, whichever is the greater. For a body corporate the same border offence attracts a higher penalty of up to five times the amount applied to an individual.

Guidance in regard to testing, certification, goods that may contain asbestos and further information is available on the DIBP website by clicking here.