Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The exportation from Australia of asbestos, or goods mentioned in Part 1 of Schedule 1 that contain asbestos, is prohibited unless:
(a) the asbestos is, or goods are, hazardous waste as defined in section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 ; or
(b) an authority of a State or Territory provides a confirmation in accordance with subregulation (3); or
(c) the Safety, Rehabilitation and Compensation Commission confirms that it has granted an exemption under the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 for the use of the asbestos or goods; or
(d) the Seafarers Safety, Rehabilitation and Compensation Authority confirms that it has granted an exemption under the Occupational Health and Safety (Maritime Industry) (National Standards) Regulations 2003 for the use of the asbestos or goods; or
(e) the Minister administering the Occupational Health and Safety (Commonwealth Employment) Act 1991 or a person authorised by that Minister confirms that he or she has granted permission to export the asbestos or goods; or
(f) the goods are raw materials that contain naturally occurring traces of asbestos.
(2) However, subregulation (1) does not prohibit exportation from Australia of goods, containing asbestos, that are incorporated into other goods in a way that does not constitute a risk to users until the asbestos in the goods is disturbed.
(3) For paragraphs (1) (b), (c) and (d):
(a) both:
(i) the confirmation must state that the asbestos is, or goods are, for a use mentioned in Part 2 of Schedule 1; and
(ii) the asbestos or goods must be exported on or before the date mentioned in Part 2 of Schedule 1 for that use; or
(b) the confirmation must state that the asbestos is, or goods are for research, analysis or display.
(4) For paragraph (1) (e), the Minister or authorised person may grant permission to export the asbestos or goods.
(5) For paragraphs (1) (b), (c), (d) and (e), a copy of the confirmation must be produced to a Collector.