Border brokers left holding the bag
The people processing paperwork for dangerous imports say they do not have enough support to stop asbestos making it into Australia.
Imports of asbestos have been banned for over a decade, but the toxic substance keeps turning up, largely in building materials sourced from China.
Australian Border Force recently directed customs brokers - who complete paperwork necessary for bringing goods into Australia – to more closely scrutinise imports for asbestos.
Brokers now have to take “due diligence” to confirm to clients that asbestos is not in imported products, and if there is any doubt , the broker must declare them positive for asbestos.
“If we add a new level of examination or a new level of inquiry, with new levels of questions which haven't previously been asked, that will naturally add delays,” lawyer Andrew Hudson, who acts for customs brokers, has told the ABC
“In the shipping world, there is a provision you have to return a container within a certain time.
“It might mean you don't meet it in a certain time which could lead to additional costs ... there's also issues then of an importer doesn't get their goods on the day they want it, there might be a two, three or a four day thing,” he said.
The lawyer said fear of being wrong could lead brokers to simply test ‘Yes’ for the presence of asbestos.
Mr Hudson said brokers take health and safety as seriously as anyone, but they do not want to be the only line of defence.
“So we're at a stage now where we've got a new regime in place there's a slightly different level of expectation on the parties in the supply chain which I guess is a more intense requirement than previously existed,” he said.
“It is very tough, there are significant issues for even getting it wrong inadvertently.
“Our concern's to ensure the licenced customs brokers who are the people making that essential declaration don't unnecessarily face financial hardship as a result of the information they receive might not be correct after all.”
The Department of Immigration and Border Protection has confirmed it issued a notice to remind customs brokers of their obligations.
“Department of Immigration and Border Protection Notice No. 2016-30 clarified assurances that importers need to provide to the ABF that imported goods do not contain asbestos,” the department said.
It also said customs brokers’ only responsibility was to exercise due diligence, but Mr Hudson said that due diligence was not clearly defined.