House of Representatives

Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Bill 2024

Explanatory Memorandum

(Circulated by authority of the Minister for Home Affairs, the Honourable Tony Burke MP)

Attachment A Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Bill 2024

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

The Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Bill 2024 (the Bill) amends section 206 of the Customs Act 1901 (the Customs Act) to allow the Comptroller-General of Customs to cause engineered stone benchtops, panels and slabs seized as prohibited imports to be dealt in a manner he or she considers appropriate, including immediate destruction of the goods.

Background

The Bill complements the domestic use and proposed import prohibition of engineered stone products, in light of the health risks posed by those goods and the high volume of those goods being received at the border. Expedited seizure and disposal of engineered stone products supports the operational effectiveness of the import prohibition by allowing Australian Border Force (ABF) officials to effectively administer these goods at the border.

On 1 July 2024, amendments to the Model Work Health and Safety Regulations (Model WHS Regulations) came into effect, prohibiting the supply, manufacture, processing and installation of engineered stone benchtops, panels and slabs in Australia. To support this use prohibition, the Government has agreed that the ABF intends to implement an import prohibition for engineered stone.

Some jurisdictions have adopted transitional arrangements, delaying full implementation of the use prohibition until 31 December 2024. To accommodate this, the import prohibition is proposed to come into force from 1 January 2025, at which time, engineered stone benchtops, panels and slabs will be prohibited imports under the Customs (Prohibited Imports) Regulations 1956. As such, engineered stone benchtops, panels and slabs will only be able to be imported into Australia with a valid import permit or an applicable exemption. Engineered stone imported without a valid permit or exempted would be a prohibited import and would be able to be seized at the border without a warrant.

The Customs Act currently requires seized prohibited imports to be stored for a minimum of 30 days before they can be disposed of. Legislative and administrative requirements for prohibited imports, including requirements to issue seizure notices and records of seizure, also need to be fulfilled. Managing engineered stone as a prohibited import may result in a demonstrable increase of work at the border that will impact the Australian Government's ability to effectively regulate other border operations.

The Bill amends section 206 of the Customs Act to empower the Comptroller-General of Customs to cause engineered stone products seized as prohibited imports from 1 January 2025, to be dealt with in a manner he or she considers appropriate, including the immediate destruction of the goods. Permitting immediate destruction of engineered stone, as a discretionary option would be useful in the management of seized engineered stone products as these products are a bulk good and pose significant logistical challenges in terms of storage and transport. Streamlining the administrative tasks related to managing engineered stone seizures will also allow for a more efficient compliance process. Immediate destruction may be used in situations where it is unlikely that seizure would be challenged. This may include instances where engineered stone is imported without a permit, or in contravention of permit conditions.

Human rights implications

This Bill is technical in nature and does not engage any of the applicable rights or freedoms.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.


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