Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The importation into Australia of amphibole asbestos, or goods containing amphibole asbestos, is prohibited unless:
(a) the importation is of raw materials that contain naturally occurring traces of amphibole asbestos; or
(b) the Minister administering the Occupational Health and Safety Act 1991 or a person authorised by that Minister confirms that he or she has granted permission to import the amphibole asbestos or goods, and the confirmation is produced to a Collector; or
(c) the importation is of hazardous waste as defined in section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 ; or
(d) all of the following apply:
(i) the importation is of a ship or resources installation of at least 150 gross tonnage, as shown by the International Tonnage Certificate (1969) for the ship or resources installation;
(ii) the amphibole asbestos in the ship or resources installation was fixed or installed before 1 January 2005;
(iii) the amphibole asbestos in the ship or resources installation will not be a risk to any person unless the amphibole asbestos is disturbed.
Note Ship and Resources installation are defined in section 4 of the Act.
(2) For paragraph (1) (b), the Minister or authorised person may grant permission to import the amphibole asbestos or goods.
(3) The importation into Australia of chrysotile, or goods that contain chrysotile, is prohibited unless:
(a) the chrysotile is, or the 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 confirms that the proposed use of the chrysotile or goods is in accordance with the State or Territory law relating to occupational health and safety; or
(c) the Safety, Rehabilitation and Compensation Commission confirms that it has granted an exemption under the Occupational Health and Safety (Safety Standards) Regulations 1994 for the use of the chrysotile 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 chrysotile or goods; or
(e) the Minister administering the Occupational Health and Safety Act 1991 or a person authorised by that Minister confirms that he or she has granted permission to import the chrysotile or goods; or
(f) the chrysotile is, or the goods are, being imported from the Australian Antarctic Territory; or
(g) the goods are raw materials that contain naturally occurring traces of chrysotile; or
(h) all of the following apply:
(i) the importation is of a ship or resources installation of at least 150 gross tonnage, as shown by the International Tonnage Certificate (1969) for the ship or resources installation;
(ii) the chrysotile in the ship or resources installation was fixed or installed before 1 January 2005;
(iii) the chrysotile in the ship or resources installation will not be a risk to any person unless the chrysotile is disturbed.
Note Ship and Resources installation are defined in section 4 of the Act.
(5) For paragraphs (3) (b), (c) and (d):
(a) both:
(i) the confirmation must state that the chrysotile is, or goods are, for a use mentioned in Schedule 3B; and
(ii) the chrysotile or goods must be imported on or before the date mentioned in Schedule 3B for that use; or
(b) the confirmation must state that the chrysotile is, or goods are for research, analysis or display.
(6) For paragraph (3) (e), the Minister or authorised person may grant permission to import chrysotile or goods only if he or she is satisfied that the chrysotile is, or goods are, for research, analysis or display.
(7) For paragraphs (3) (b), (c), (d) and (e), a copy of the confirmation must be produced to a Collector.