Mr REPACHOLI (Hunter) (10:23)
I rise today to contribute to the debate on the Customs Amendment On the Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Bill 2024. There was a time when asbestos was widely used and considered safe. It was an affordable and common material in construction found in homes, schools and countless other structures. We believed it to be a great innovation, resistant to heat and corrosion. But we now know the devastating health risks that we discovered later. Inhaling asbestos fibres led to severe respiratory diseases, including lung cancer, asbestosis and mesothelioma. Workers paid the price with their health and too often their lives.
Now, in 2025, we are facing a similar challenge. Another widely used material, engineered stone, is proving to be extremely dangerous. It is commonly found in benchtops, panels and slabs across Australian homes and workplaces. However, we know that exposure to respirable crystalline silica from engineered stone can cause deadly diseases, including silicosis. When a material is found to be unsafe, it is a government's responsibility to act. Those most at risk, workers who handle this material daily, deserve protection. That's why on 1 July last year Australia took a decisive action. In a world-first move, we joined with states and territories to ban the use, manufacture, supply, processing and installation of engineered-stone benchtops, panels and slabs. Just as we lead the way on asbestos regulation, Australia is now setting the global standard in eliminating engineered stone. Other nations are watching and will follow suit soon. When I spoke on this legislation in 2023, I made it clear: every worker has the right to return home from work safe. And nothing has changed. No-one should suffer long-term life-threatening illnesses because of their job, especially illnesses that only manifest years later. We must ensure that workers who have contributed so much to our country do not spend their retirement battling preventable diseases.
Last year, I met with Mark, a former stonemason diagnosed with silicosis at the age of just 35. He shared how his once promising career was cut short, leaving him battling a life-threatening disease. His story is not unique. Countless workers face the same fate. This legislation is here for them. The prohibition of engineered stone is a critical step in safeguarding Australian workers. But a ban alone is not enough. There is no point in outlawing a material if it can still enter the country and be used. That's why on 1 January 2025 we reinforced our commitment by prohibiting the importation of engineered stone. This bill strengthens that prohibition by enhancing the powers under the Customs Act to seize and dispose of prohibited engineered stone effectively. It provides us with the tools needed to fully eliminate engineered stone from Australia. Implementing this ban presents us with unique challenges. Engineered-stone products are bulky, and managing seized materials at the border requires transport, disposal and administration, each posing logistical difficulties. This bill addresses these challenges by allowing for the immediate destruction of prohibited engineered stone upon seizure.
This approach is not unprecedented. The same process is already in place for other prohibited imports, such as tobacco products, vapes, dangerous goods, perishable items and illicit drugs, items that pose serious risks to all Australians. The Australian Border Force, the ABF, plays a critical role in preventing these harmful goods from entering the country. However, if we do not enable them to efficiently enforce the engineered-stone ban, it will hinder their ability to regulate other critical border operations, as I spoke about earlier. This amendment ensures the ABF can effectively enforce the ban while maintaining focus on other prohibited imports. Without this amendment, seized engineered stone will accumulate and place additional strain on Border Force resources. The efficient disposal of this material is essential for streamlining the compliance process and enabling the ABF to allocate resources where they are most needed. It is important to note that this change will only impact importers who attempt to bring engineered stone containing crystalline silica into the country and subsequently have their goods seized.
The import prohibition is designed to complement the domestic ban under workplace health and safety laws. Given that almost all engineered stone in Australia is imported, this measure provides an additional layer of deterrence at the border. To support enforcement, the government has allocated $32.1 million over two years in the 2024-25 budget for the ABF to carry out its role effectively. This amendment also ensures the transparency. Within seven days of disposing of seized goods, the ABF must issue a notice identifying the goods, detailing how they were handled, and explaining the reason for disposal. Additionally, importers retain the right to challenge the disposal and seek recovery of market value if they can prove that the required conditions of destruction were not met.
The reality is simple; from 1 July 2024, working with engineered-stone benchtops, panels and slabs is prohibited. No business or individual is allowed to manufacture, supply, process or install these products. This aligns with our national commitment to eliminating this hazardous material. Importantly, this prohibition does not apply to porcelain, sintered stone products or finished engineered-stone items that do not require further modifications, such as jewellery, sculptures, garden ornaments and kitchen sinks.
Businesses that need to remove, repair, modify or dispose of engineered stone must notify their WHS regulator—except in Victoria, where different arrangements apply. Some states and territories have adopted transitional measures for contracts signed before 31 December 2023, allowing limited work with engineered stone until the end of 2024. It is also important to clarify that the Commonwealth government is not providing compensation for the engineered-stone industry. Since the prohibition is being implemented across all Australian jurisdictions, compensation decisions rest with the individual states and territories.
Work and safety are at the core of this policy. This prohibition is about protecting Australians from preventable harm. By ensuring that the ABF have the authority to promptly dispose of seized engineered stone, we'll reinforce the ban and prevent unnecessary risks to workers' health. Moreover, this measure strengthens the enforcement of all prohibited imports, ensuring that its efforts to eliminate engineered stone do not compromise the regulation of other dangerous goods. The implementation of this ban is a testament to our government's commitment to prioritising worker safety and public health over industry convenience. We have seen the tragic consequences of inaction in the past, particularly in cases like asbestos. By acting decisively now, we are preventing another generation of workers from suffering the debilitating and fatal illnesses linked with respirable crystalline silica.
This legislation ensures that our policies are not just words on a paper but backed by concrete enforcement mechanisms that make a real difference. Australia is leading the way globally in this fight against silicosis and silica related diseases. Other nations are closely watching how we implement and enforce this ban as they too grapple with the growing evidence of harm posed by engineered stone. By setting this precedent, we are demonstrating that workers' health and safety must come as a priority and must come before profit and convenience. Our approach of combining a comprehensive ban with strong enforcement mechanisms sends a clear message that we will not tolerate the continued endangerment of Australian workers.
Furthermore, this bill is a step forward in modernising our border protection policies. The Australian Border Force plays a critical role in ensuring that only safe and compliant goods enter our country. By allowing for the immediate destruction of seized engineered stone, we are reducing the bureaucratic red tape and ensuring that enforcement is swift and effective. Without this amendment, the Border Force would be overwhelmed by the storage and management of seized materials, ultimately diverting resources away from other critical areas of border security.
This ban is also an opportunity. Australian manufacturers are already investing in safer alternatives such as sintered stone and porcelain, creating new jobs in sustainable industries.
This legislation strengthens our ability to enforce the prohibition on engineered stone, ensuring that it cannot continue to be the silent killer in Australian workplaces. By enhancing the Australian Border Force's authority to seize and immediately dispose of prohibited engineered stone, we are closing the loopholes that could undermine this vital ban. This is about fairness, safety and ensuring that no more lives are needlessly cut short by preventable exposure to dangerous materials. I stand in full support of this bill, and I commend it to the House.
