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Old 20-03-2017, 11:16 PM
chevelle chevelle is offline
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Join Date: May 2007
Location: SOUTH AUSTRALIA
Posts: 820
Asbestos update

NEW LAW



Vehicles with components containing asbestos

Importing motor vehicles that contain components such as gaskets, brake pads and clutch pads, that include asbestos is prohibited in almost all circumstances. It is an offence to import motor vehicle with components that contain asbestos. There can be lengthy delays in releasing motor vehicles suspected of containing asbestos components.

You must provide evidence to your import broker or an Australian Border Force officer that you have:

had a sample of high risk components tested at an Australian independent National Association of Testing Authorities (NATA) accredited laboratory, or at an overseas laboratory accredited by an authority recognised by NATA through a Mutual Recognition Agreement, or

engaged a qualified mechanic to remove the brakes, clutch, exhaust gasket and any other high risk parts prior to import to Australia, or

engaged a qualified mechanic to replace the brakes, clutch, exhaust gasket and any other high risk parts with components certified to be free of asbestos.

More information is available about asbestos.





As members will be aware, there was introduced on 6 March
2017 (without consultation with any sector of the industry on the
basis that it was common held knowledge that certain components
of vehicles were subject to asbestos testing) a community
protection question as it relates to vehicles (whether new or
used). Note, this includes motor vehicles, offroad vehicles and
motor cycles etc. For those who deal with the motor vehicle
industry in all of its forms and in relation to parts for that industry,
the unintended, or perhaps intended consequence of this new
CPQ, is to say the least an outcome where there clearly needed to
be significant consultation with importers, stakeholders and service
providers to the industry sector.

The CBFCA as well as individuals, corporate entities and other
industry associations have been in touch with the DIBP on this
particular aspect and the significant cost implications for industry.
The CBFCA has actioned this item with the Commander
Customs Compliance and requested discussion via its Agenda
at the Trade and Goods Compliance Advisory Group (CAG)
meeting to be held on 17 March 2017 in Canberra.

At this time there exists no clear methodology to overcome the
significant impediments that have been imposed by the CPQ .

In addition, the CBFCA understands that there has been certain unsubstantiated commentary made by others in relation to this
matter to the effect that the DIBP is considering the
"suspension/withdrawal" of the CPQ.

This is not the case, and it has been clearly set out by the
DIBP through legislative requirements, supporting DIBPN
2016/30 and Fact Sheet, the compliance responsibilities of the
importer (and the flow on effect of that to the importer's
service provider, in the main, the licensed customs
broker/brokerage).

The CBFCA would like to reiterate to members and their clients the
importance of undertaking appropriate testing and assurance for
automotive parts (and clearly understands the difficulty of this
compliance issue with vehicles that do not have an extensive
history of mechanical repairs or as to whether those repairs of key
components, which could have an at best linkage, are able to be
judged on the basis of available information to correctly answer the
CPQ). While it would be appropriate for a reasonableness test to
exist in relation to any appropriate level of protection to meet the
determined risk on asbestos, this is currently not the case, and
even with best endeavours, any outcome relies on certification from
the importer or exporter in relation to asbestos aspects.

As all are aware, past ABF detections indicate that automotive
parts such as gaskets and brake pads, present a high risk of
containing asbestos.

Where the ABF are not assured that goods do not contain
asbestos, testing and certification in Australia is a requirement.

Whilst it is acknowledged that there are challenges when dealing
with vehicles, the policy has not changed, and assurance through
testing prior to importation remains the key.

For testing undertaken overseas, the ABF will only accept testing
certificates from appropriately accredited laboratories. Where
testing is done overseas, the samples tested must be drawn from
the actual batch that is being imported. Where this link can’t be
made, further assurance including testing will be requested at the
border. Additional information on testing for asbestos can be found
on our website:

http://www.border.gov.au/Busi/cargos...ingforasbestos

For members' benefit, please refer to the following link to specific
information relating to the importation of vehicles:

http://www.border.gov.au/Busi/cargos...mportinggoods/
importingmotorvehicles

For members' benefit, please refer to the following link to specific
information relating to the importation of vehicles:

http://www.border.gov.au/Busi/cargos...mportinggoods/
importingmotorvehicles


To find the list of “Goods that might contain asbestos” refer to the
following link. (Note this is non exhaustive and subject to change).
http://www.border.gov.au/Busi/cargos...ontainasbestos
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