Ensuring the goods do not contain asbestos
It is the responsibility of importers and exporters to ensure they do not import or export prohibited goods such as asbestos. The ABF must be assured that asbestos containing goods are not unlawfully crossing the border.
There are factors that increase the risk of importing goods that contain asbestos. Before buying, importers should check with suppliers outside Australia about any use of asbestos or raw materials containing naturally occurring asbestos, at the point of manufacture.
Goods labelled as non-asbestos that are made in a factory that also produces asbestos containing goods are a risk. They will receive intervention action at the border. The risks of cross contamination at the point of manufacture and the mixing of asbestos and non-asbestos goods, whether intentional or not, is increased when sourcing from such suppliers.
Sourcing goods from a supplier that cannot give evidence of no asbestos in their supply chain is a risk to the importer. Traders should consider the effect of brand damage to their commercial reputation if we detect asbestos in goods they import. Business decisions should not be influenced by cheaper prices from manufacturers that knowingly use asbestos, but also guarantee risk-free production. Importers should avoid these suppliers altogether. The financial losses importers suffer when we seize goods and potential fines incurred likely far outweigh any price benefit.
Do not assume that goods labelled “asbestos free” are free of asbestos. Testing of goods undertaken overseas and certified “asbestos free” will not always meet Australia’s border requirements. In some countries, traders can lawfully label, or test and declare asbestos free, goods with an asbestos content below a certain threshold.
Importers should investigate, and where appropriate, apply:
- contractual obligations with their suppliers that specify nil asbestos content
- sampling and accredited testing for asbestos content before shipping the goods to Australia
- regular risk assessment and quality assurance processes, that take into account:
- what raw materials are used in the manufacture of the goods
- where manufacturers outside Australia source their raw materials
- identifying and minimising asbestos-risk activities at the point of manufacture, and
- third party sub-contractors supplying the manufacturer.
If the ABF suspects that goods arriving at the border contain asbestos, we will detain and examine the goods. Importers must provide documents that provide sufficient assurance. The importer may need to arrange sampling by a ‘competent person’. This is so they may test and certify there is no presence of asbestos. The arrangement and cost of any independent inspection, testing and storage of the goods is the responsibility of the importer/exporter in Australia. This is in line with section 186 of the Customs Act 1901 (Customs Act). If Australian importers can demonstrate their own supply chain assurance program they could avoid delays to the clearance of their goods at the border.
