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2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
CUSTOMS AMENDMENT (SAFER CLADDING) BILL 2017
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Nick Xenophon)
CUSTOMS AMENDMENT (SAFER CLADDING) BILL 2017
OUTLINE
The Customs Amendment (Safer Cladding) Bill 2017 (the bill) responds in part to a
recommendation made by the Senate Economics References Committee in its inquiry into
non-conforming building products.
The bill amends the Customs Act 1901 to expressly ban the importation of polyethylene (PE)
core aluminium composite panels (ACPs).
The cladding issue is a most serious public safety issue that requires urgent action. The issue
was brought to the public's attention in November 2015 when the Lacrosse building in
Docklands Melbourne caught fire.
Since that time Governments, both Federal and State, have failed to adequately respond. This
bill is urgently needed in the interests of public safety.
There cannot be, in light of the Grenfell Tower tragedy, legitimate use of PE core ACPs on
any building type. There are safe non-flammable and fire retardant alternatives available and
a ban on the importation of PE core ACPs will encourage the use of such alternatives.
While Australian Border Force and suppliers of Aluminium Composite Material are currently
unable to determine whether an imported building product will be used in a compliant
manner, a ban on importation is necessary to prevent any disasters such as the Grenfell Tower
tragedy occurring in Australia.
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 is a formal provision specifying the short title of the Bill.
Clause 2: Commencement
2. Clause 2 provides for the commencement of the whole of the Bill to commence the
day after it receives the Royal Assent.
Clause 3 - Schedules
3. Each Act specified in a Schedule to this Act is amended or repealed as is set out in
the applicable items in the Schedule. Any other item in a Schedule to this Act has
effect according to its terms.
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Schedule 1--Amendments
Customs Act 1901
Item 1 - After section 51AB
4. This item inserts a new provision that bans the importation of polyethylene core
aluminium composite panels into Australia.
5. New subsection 51B(1) prohibits the importation of polyethylene core aluminium
composite panels into Australia.
6. New subsection 51B(2) ensures that polyethylene core aluminium composite panels
are treated as prohibited imports under the Customs (Prohibited Imports)
Regulations 1956.
7. Polyethylene core aluminium panels that are presently in the country are not affected
by this provision.
Item 2 - Application
8. This item explains how the amendments to the Act made by Schedule 1 will apply
upon commencement of this Schedule. The ban on the importation of polyethylene
core aluminium composite panels applies from the day after the Act receives the
Royal Assent.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Customs Amendment (Safer Cladding) Bill 2017
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 (Safer Cladding) Bill 2017 responds in part to a recommendation
made by the Senate Economics References Committee in its inquiry into non-conforming
building products.
The bill amends the Customs Act 1901 to expressly ban the importation of polyethylene core
aluminium composite panels.
Human rights implications
This Bill 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.
Senator Nick Xenophon
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