The Australian Border Force has today released ACN 2024/32 titled Assurances that imported goods do not contain asbestos. Below is a summary of the key information contained within the document. It is strongly advised that licenced customs brokers and their importing clients read the notice for advice on their respective obligations.

The Notice repeals and replaces Department of Immigration and Border Protection Notice No.2017/21.

Goods suspected of containing asbestos will be held at the border until either the ABF is assured the importation is lawful or the ABF is satisfied of no asbestos content. Goods found to contain asbestos will be seized and the importers may be subject to penalties or prosecution.

When making an import declaration, importers are required to declare if goods contain, or may contain, asbestos. However, the ABF does not solely rely on information included on an import declaration. It risk assesses 100 per cent of goods entering Australia and targets those considered at risk of containing asbestos.

Importers who have declared “no” to the presence of asbestos may still be required to provide information to assure the ABF that the goods do not contain asbestos.

The ABF will require importers who have declared “yes” to the potential presence of asbestos to arrange testing and certification in Australia at their own cost, unless a relevant exception, exemption or permission applies.

Certain approved testing certificates and laboratory reports, in conjunction with supply chain documentation, can provide assurance that asbestos is not present in imported goods.

Importers can import samples into Australia (with prior Ministerial permission) for testing, or undertake testing overseas.

For testing in Australia, the ABF will only accept certification from a laboratory that is accredited by NATA to undertake asbestos testing that confirms asbestos was not detected. For testing undertaken overseas, the ABF will only accept certification confirming no asbestos was detected in samples from a laboratory accredited to undertake asbestos testing by a NATA-recognised equivalent through a Mutual Recognition Arrangement (MRA).

Licensed customs brokers have an obligation to declare accurate information to the ABF. They should exercise due diligence to ensure that the information they report to the ABF on behalf of their clients is correct. This includes seeking information from importers prior to making the import declaration to be assured that goods do not contain asbestos.

Story courtesy from IFCBAA