Australia #3343 (v.3)

Base data

Notified in
Version validity
28/09/2022 - present
Current active version v.3
Reporting member
Australia
In force from
End date
In force
General description
Asbestos
National legal basis
Regulation 4 and Schedule 1 of the Customs (Prohibited Export) Regulations 1958. Regulation 4C of the Customs (Prohibited Imports) Regulations 1956. Hazardous
Waste (Regulation of Exports and Imports) Act 1989 (the HW Act).
Administrative mechanism
Exportation of asbestos and certain goods containing asbestos is prohibited unless the goods are raw materials that contain naturally occurring traces of asbestos, or the asbestos is, or the goods are, hazardous waste as defined in section 4 of the HW Act, or a confirmation I from an authority of a State or Territory in accordance with paragraph 1(b) is in force stating that the asbestos is, or goods are, for research, analysis or display, or written permission in accordance with sub-regulation (3) has been issued by the Minister administering the Work Health and Safety Act 2011 or a person authorised by that Minister.

However, the prohibition does not prohibit the exportation from Australia, of asbestos or goods described in Schedule 1 that contain asbestos, that are incorporated into other goods in a way that does not constitute a risk to users until the asbestos is disturbed.

Importation of asbestos, and goods containing asbestos, is prohibited unless the goods are raw materials that contain naturally occurring traces of asbestos, or the asbestos is within a ship or resources installation of at least 150 gross tonnage and the asbestos was fixed or installed before 1 January 2005 and the asbestos will not be a risk to any person unless the asbestos is disturbed, or the asbestos is, or the goods are, hazardous waste as defined in section 4 of the HW Act, or a confirmation from an authority of a State or Territory in accordance with paragraph (1)(ba) is in force stating that the proposed use of the asbestos or goods is research, analysis or display in accordance with State or Territory WHS laws, or permission has been granted by the Minister administering the Work Health and Safety Act 2011 or a person authorised by that Minister and limited for the purposes of research, analysis, display, or disposal in an Australian State or Territory where the importation is from an Australian external Territory.
Responsible entities
HS version
HS 2022
Referenced WTO document symbol

Meta data

WTO justifications

XX:(b) - (b) necessary to protect human, animal or plant life or health;

GATT 1994 (GATT 1947 provisions)

Reported as: Article XX(b) of the GATT; Annex III of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention)
Non-WTO commitments

Rotterdam Convention

Reported as: Annex III of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention)
Affected partners
Non-affected partners

Measures

Reported restrictions
CP; CP-X
Symbol
CP
CP-X

Tariff lines

Various
including
2524
2524
Asbestos and certain goods containing asbestos
2715
2715
Asbestos and certain goods containing asbestos
3214
3214
Asbestos and certain goods containing asbestos
681140
6811.40
Asbestos and certain goods containing asbestos
681280
6812.80
Asbestos and certain goods containing asbestos
681299
6812.99ex
Asbestos and certain goods containing asbestos
681320
6813.20
Asbestos and certain goods containing asbestos
842531
8425.31
Asbestos and certain goods containing asbestos
870321
8703.21
Asbestos and certain goods containing asbestos
8711
8711
Asbestos and certain goods containing asbestos