Matt Burnell (Spence, Australian Labor Party) Share this | Link to this | Hansard source

I want to start by acknowledging the previous speaker in the other chamber—before this came to the Federation Chamber—the member for Bendigo and her fine contribution. The reason why I want to start there is that it'd be no surprise to members in this place and in the other that the member for Bendigo and the member for Monash are the co-chairs for the Parliamentary Friends of Asbestos Related Disease. I think it's a really important starting place to recognise the work that they have done in raising awareness of dust related diseases in this place to ensure that legislation like the bill that we're talking about today has been brought forward and that the safety of people in our communities is put at the forefront. Whilst they chair the parliamentary friendship group, there are a lot of members of this place and senators in the other place who are part of that group—I am one of them—and the work that gets done in that friendship group is very much required to raise awareness in our communities and to give passage to the type of work that we're speaking about today.

The Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Bill 2024 is the last of a suite of measures that deal with engineered stone and, in particular, silicosis. When I was elected to parliament in 2022, having come from a working-class background and represented workers for a short period of time before I came to this place, worker safety was something that was at the forefront of my mind. I really did look forward to the opportunity to be part of debate that puts forward laws that better protect workers in this country. It is an absolute honour to be part of a government that is getting on with the job of protecting workers, because that's what good Labor governments do: we take the needs of workers across this country and put them at the forefront of the policy work that we do in this place to ensure that they are safer and that the community is safer. It's something that I'm extremely proud to be part of in conjunction with the Albanese Labor government.

In particular, this bill is part of our government's process that will lift and advance measures that protect workers—a continuation of the legacy that we will see in this bill. We know that, when workers aren't protected, sometimes they don't come home, and the negative outcomes on the job include the risk of diseases, which is what we are talking about here today. Preventing this is a big reason why I'm part of the Labor Party, and it's why I'm proud to be part of our government, which is taking meaningful action to prevent the risk of silica related diseases occurring in workplaces and beyond in this country.

Why is engineered stone so bad? Well, it contains crystalline silica, and the risk it carries—related to silicosis and silica related diseases—is something that workers must be protected from. The impact of diseases that come from harmful dust produced on the job, which then can devastate a person's respiratory system, is significant. Asbestos is one of those dusts which people in my community and across the country have grappled with for decades, and it continues to cause significant harm in this country.

I want to give a shout-out to the Asbestos Victims Association of South Australia. They are a fantastic volunteer led organisation in my community who have raised awareness around asbestos but also have expanded that scope to dust related diseases. They come together yearly in Salisbury, at Pitman Park, for a remembrance day for those people who have lost their lives to asbestos. The reason I raise this is that it's very relevant to where we stand right now. We're on the precipice of a second wave of dust related diseases in this country, and without the measures that we're talking about today—the measures that we have introduced since coming to government in 2022—more people will be remembered at events like the one at Pitman Park every November. The association does some fantastic work, with a lot of outreach to families and people that are dealing with mesothelioma and other asbestos related diseases.

I'm not sure if people in the House realise this, but an estimated 4,000 people die every single year in Australia from asbestos related diseases. In 2019, an estimated 3,307 deaths were due to lung cancer, and asbestos contributes to 30 per cent of all lung cancer deaths in Australia. Of the 3,307 deaths due to lung cancer in 2019, 802 were due to mesothelioma—99 per cent of which were due to past asbestos exposure—148 were due to asbestosis, 144 were due to ovarian cancer and 48 from cancer of the larynx.

Each and every one of these diseases is absolutely debilitating, with profound effects on the family and friends of the affected individual. That 4,000 is part of an estimated 219,000 worldwide; that's as of 2016. The risk that harmful dust carries is exceptionally long lasting and, while asbestos has long been phased out—and subsequently banned in its totality in Australia in 2003—dust based illnesses still exist in workplaces in the world today.

To talk about silica and silica based illnesses, it's estimated that 600,000 people, according to the 2021 final report of the National Dust Disease Taskforce, are potentially being exposed to silica dust each year. That includes miners, construction workers, engineers, plumbers, handypersons, heavy-vehicle drivers, farmers, machine operators, animal and horticultural workers, scientists, metalworkers and electrical workers. The risk is so widespread. In 2012, a survey of the Australian working population found that 6.6 per cent of the Australian workforce—329,000 people—were exposed to silica dust when on the job, with just over half that number exposed to particularly high levels. That is hundreds of thousands of people—everyday people exposed to dust that can cause permanent damage or death. As the numerous diagnoses of silicosis among workers in the stone benchtop fabrication and installation industry have revealed, there is a pressing need to ensure the materials and practices that Aussies are exposed to are managed.

That's why, on our watch—on Labor's watch—the manufacture, supply, processing and installation of engineered-stone benchtop panels and slabs were banned on 1 July 2024. This is something I'm extremely proud to have been part of. Following on from that, all crystalline silica substances have been subject to stronger regulations since 1 September last year. Both of these changes apply to all materials containing at least one per cent of crystalline silica, including engineered stone. The importation of engineered stone was prohibited on 1 January this year, further tightening these regulations. This is progress that we want to see. But the job isn't done; more steps need to be taken to protect our communities.

That's why this bill is so important. It's giving powers to the Australian Border Force to destroy seized engineered stone immediately. Similar provisions exist for dangerous and perishable goods, tobacco products, vapes and illicit drugs seized at the border. We all know that engineered stone, like those products, can cause significant harm, and it's only right that it's treated similarly. Without this amendment, that seized stone needs to be stored, and a significant volume too, which is significantly difficult and will take capacity away from Border Force to do the rest of its job and duties. This process needs to be efficient. We want our Border Force operators in this country to be doing the things that they need to do to keep our borders safe. Giving them the ability to dispose of this in a timely manner will free up their resources so that they can better protect our borders—something that we are extremely proud of.

Silicosis is incredibly damaging to the lives and livelihoods of Australians and their families, and it's up to governments like ours to protect Australians from that threat. That's what our Labor government has done and will continue to do.

I just wanted to finish on the fact that I've had the misfortune of watching close friends and people in my family circle pass away from asbestos related diseases, and it is one of the cruellest things you can see. When you speak to representatives from the AMWU and other unions that represent workers from the types of exposure areas that we see with manufactured stone and other silica related products—these are young men and women who have gone to work expecting to come home the same way they went there: healthy, strong and sound of mind and body. Unfortunately, that's not the case for some of these workers. They are often 19, 20 or 21 years old. They are indiscriminately exposed, and unaware of the potential risk and the problems that they are going to face, moving forward in their lives.

Tragically, some of those people's lives have been cut short. It's an absolute travesty. It's why good governments need to legislate to protect young workers who don't ask the questions and don't say no. I see the member for Hunter in the chamber right now. He knows all too well, like I do, that, working on the job, sometimes it's hard to say no and stop the job and stand up for the safety principles that matter to keep you safe on the job. That's why you need governments to legislate to protect workers to ensure that they have rights in the workplace so that, regardless of their personal understanding, they remain safe on the job.

Stopping the import of silica based products into this country and ensuring that we have the right frameworks to stop unsafe practices in this country with these products is a very big step in making sure that we protect the young men and women that are doing their trade apprenticeships and working in these manufacturing areas. I'm extremely proud that this bill before the House today completes a raft of fantastic bills that we have brought forward to deal with silica related diseases, and I commend this bill to the House.

Dan Repacholi (Hunter, Australian Labor Party) Share this | Link to this | Hansard source

Madam Deputy Speaker—

A division having been called in the House of Representatives—

Sitting suspended from 10:23 to 10:29

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.

Engineered stone is widespread, and, understandably, businesses have questions about what this ban means for them—

A division having been called in the House of Representatives—

Sitting suspended from 10:36 to 10:53

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.

Tania Lawrence (Hasluck, Australian Labor Party) Share this | Link to this | Hansard source

Australian workers in every occupation, everywhere, are entitled to safe working conditions. They have a right to go to work and to return home safely to their families. The workplace should not be a hazardous place where our bodies or minds are attacked overtly or insidiously. Those attacks are rarely deliberate, though they have sometimes happened. Usually, they occur because somebody, somewhere, is unaware or careless of the fact that workers are human beings entitled to respect. Although they help produce profits of all kinds, they are not things to be used to make profits or assist somebody else's personal ambitions. Their contributions should be respected and their health and safety actively maintained for their own sake, for families' sake and for all our sakes if we are to be decent human beings in a decent society.

The Albanese Labor government is committed to protecting Australian workers from the harm associated with silicosis and silica related diseases. Silica is a complex material, and we can't live without it, but some silica dust is dangerous—even deadly. It's an insidious attack on human bodies. We now know that silica laden dust produced when cutting engineered and natural stone for use in homes has been maiming and killing workers young and old. Almost one in four engineered-stone workers have contracted silicosis. I'll say it again: almost one in four engineered-stone workers have contracted silicosis. It's a terrible figure, and it can't be allowed to continue.

When the Albanese Labor government came into office in 2022, we encountered the growing concerns of anxious workers and frustrated scientists that something was seriously wrong. In July 2022, Dr Renee Carey from the Curtin University School of Population Health in my home state of Western Australia reported on the results of a study commissioned by the ACTU. More than half a million Australian workers were being exposed to silica dust across various industries. Her colleague John Curtin Distinguished Professor Lin Fritschi told us that banning engineered stone would save lives.

Through the Fair Work Legislation Amendment (Closing Loopholes) Act 2023, we added silicosis to the remit of the Asbestos Safety and Eradication Agency, and on 1 July 2024, in one of those moments that make me proud to be an Australian and especially proud to be a member of the Australian Labor Party, the Albanese Labor government joined with the states and territories to implement a world-first prohibition on the use, manufacture, supply, processing and installation of engineered-stone benchtops, panels and slabs in Australia—a world first.

Why was Australia the first nation to act so decisively? It is in large part because of the collective wisdom and efforts of organised unions. The union movement, so relentlessly attacked by those opposite, has saved countless lives in the fight for safe working conditions. We don't always know straightaway that something is wrong. It took decades to understand the dangers of asbestos and to heed the warnings of voices that so often sounded like fringe agitators. In fact, when I was in high school, I saw the first inkling that something was wrong and beginning to take effect, but slowly—too slowly. It was proposed back in 1988 that there should be a class trip to the Pilbara which would include visiting the asbestos mining town of Wittenoom. Some parents at the meeting were concerned, but they were reassured. So a busload of us camped in the deserted town of Wittenoom, where so many lives have been destroyed. It's now closed to all—unsafe for humans.

Unions and labour lawyers are still fighting for justice and fair compensation for the victims of asbestos related diseases. They have done this quite literally with tears in their eyes. I know them, and I commend and thank them. I also thank the Australian Workers Union, the Construction, Forestry, Maritime, Mining and Energy Union, the Electrical Trades Union, the Australian Manufacturing Workers Union, the Transport Workers Union, the United Workers Union, state union bodies and the ACTU. I have previously told members opposite in this place that they need to engage with unions in a proactive and positive way. The coalition spends a lot of its energy trying to demonise unions. They need to remember that, in every workplace, there can be bad actors. Their own party has not been short of them, yet we maintain the view that each of our political parties, just as each of our unions, can rise above the malfeasance of a few. It would be better for the coalition to put aside its anti-union reflex and instead learn directly—as we do—from those who represent working Australians at the coalface of each industry.

Unions have been at the forefront of efforts to come to grips with this dangerous practice and to stop the needless deaths. It was the labour unions in Chile that helped identify silicosis in miners as early as 1930. That's almost a hundred years ago. South Africa's National Union of Mineworkers supported legal cases in that country and in the UK against companies mining asbestos more than 10 years ago. It was Unite—the UK's and Ireland's largest union—that created an online register for silicosis sufferers in 2019. In Western Australia, I witnessed firsthand the campaign led and run by Mick Buchan and the west WA branch of the CFMEU for the banning of engineered stone. They worked on this with enormous effort and diligence for more than a decade. Unions are solid repositories of practical experience that we should respect. They listen, they learn, they study and they address real-world problems. It is foolish in the extreme for a political party to eschew that assistance and wisdom. Ignoring the evidence they uncover cannot lead to useful policy.

I thank all the determined researchers, especially those from the University of Adelaide, where there has been almost a century of research into silicosis. The research continues. Lung disease is likely to be only the most obvious effect. At Monash University in September last year, researchers reported a finding that those workers exposed to silica dust show a higher incidence of blood markers that are the hallmark of autoimmune diseases such as rheumatoid arthritis and systemic lupus erythematosus.

The problems of engineered stone and silicosis date back to ancient Egypt, but the popularity of engineered stone everywhere has now created an international crisis for many thousands of workers. We have learnt from our terrible experience with asbestosis, but the plaintiffs now taking action against companies in relation to engineered-stone products are facing the same difficulties in seeking compensation. It can often be a race against time.

Rather than seeing compensation cases and grieving families, we want to keep the people they love alive. On New Year's Day this year, we strengthened our prohibition with a further prohibition on the importation of engineered stone. That sends a message not just to companies here but to the world. The amendments in this bill, the Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Bill 2024, will amend the Customs Act 1901 so we can support the effective operation of the import prohibition by enhancing existing seizure and disposal powers under the Customs Act.

Engineered-stone products are bulky. They pose significant challenges in all sorts of ways. We can't afford to have them occupying large amounts of space. Under the Customs Act, items seized are generally required to be kept for 30 days prior to disposal. We need a mechanism for the Australian Border Force to deal with seized engineered stone efficiently by allowing for its immediate destruction. This is what we do with other prohibited imports like dangerous and perishable goods and illicit drugs. This bill will allow the Comptroller-General of Customs to decide on the best way to deal with seized stone products, including choosing immediate destruction. Australian Border Force will also be supported by funding of $32.1 million over the next two years, provided in the 2024-25 budget. We understand that an importer might want to challenge this expedited destruction, so we are allowing for the right to recover the market value of the goods if they can establish that the circumstances required to trigger the destruction did not exist.

The bill not only provides a way for customs to do their important work efficiently but also adds another layer of deterrence. It is worth considering that, while we have legislated here at home, the scourge of silicosis caused by engineered stone continues in many countries. Immediate destruction at point of entry will help send a message to importers and manufacturers overseas that Australia is serious about protecting workers. It will be another way in which we help to drive down demand and, in so doing, reduce harm.

When I spoke on the National Occupational Respiratory Disease Registry Bill in 2023, I mentioned the incidence of silicosis in workplaces—in goldmines in Brazil; in Budhpura in India, which is known as the city of widows; and among Latino sandstone workers in Los Angeles. It is estimated that about 230 million workers globally are exposed to silica dust in their workplaces. Study after study tolls the bells of the dangers, but the websites of engineered-stone companies portray their products as safe and sustainable.

The other positive effect of our laws, of course, is that other jurisdictions will follow our lead. In August last year, European researchers urged the UK and the EU to follow Australia's lead and ban engineered stone. UK doctors working in the field added their voices to the call. In December, the New Zealand Minister for Workplace Relations and Safety opened consultations on the question of a ban. The manufacture and export and use of asbestos went through a similar process, with most jurisdictions coming to the same conclusion eventually. In the holdout countries, such as Russia, the use of asbestos carries with it ongoing health consequences.

The Albanese Labor government does not believe in ignoring problems, hiding from them, or running away from them. This is not what the Australian people pay the government to do. They pay them to listen to them—all of them—identify the problems, do the necessary consultation and research, and get to work to fix them. This is what we do, whatever the problems are—an economy with more than six per cent inflation, inactivity on housing construction, a neglected and ailing healthcare system, inadequate child care, or workers' safety care. Dealing with this challenge in relation to engineered-stone products is congruent with the government's attitude to both the health of Australians and the rights of Australian workers. I commend the bill to the House.

Sam Rae (Hawke, Australian Labor Party) Share this | Link to this | Hansard source

Every Australian worker has the right to go to work and return home safe, yet, for years Australian workers were unknowingly exposed to enormous risks—cutting and grinding engineered stone that contains deadly crystalline silica. Silicosis has devastated families across the nation and in communities like Melton, Sunbury, and Bacchus Marsh in my electorate of Hawke. It's an incurable disease that has caused immense suffering for Australians and their families. Workers can no longer play with the children because of breathlessness, families have lost loved ones far too soon, and young tradespeople's careers have been stolen by an invisible killer—this is the human cost of silicosis, and it is truly devastating. That's why the Albanese Labor government is taking decisive action.

On 1 July 2024 we introduced a world-first prohibition on the use, manufacture, supply, processing and installation of engineered-stone bench tops, panels and slabs in Australia. On 1 January 2025 we strengthened this prohibition by extending it to the importation of engineered stone too.. The Albanese Labor government is committed to improving the conditions of Australian workers, and the most fundamental workplace right is safety. That's why we have taken a comprehensive approach to protecting workers from this deadly disease. We established the National Occupational Respiratory Disease Registry to track cases and ensure affected workers receive the necessary support. Additionally, Safe Work Australia has been tasked with updating workplace exposure standards and providing guidance on silica risk management.

This bill is about building on the important work the Albanese Labor government has already done, and ensures that our ban on engineered stone is enforceable, particularly at our borders. The Australian Border Force has been given clear directives to intercept and prevent the importation of engineered stone, reinforcing our commitment to workers' safety. This bill amends the Customs Act 1901 to streamline the seizure and disposal of imported engineered stone. Without this legislation the ABF would face significant logistical challenges in handling seized goods. Engineered stone is a bulk material—its storage, transportation and disposal require extensive resources. The amendments in this bill provide a clear mechanism for the immediate destruction of prohibited engineered stone following seizure. This ensures that our customs enforcement remains effective and that resources are not diverted from other critical border security operations. Without this amendment the ABF would be left to manage vast quantities of seized engineered stone, straining its capacity and diverting resources from other priorities. Under existing arrangements, seized goods must be stored while legal proceedings determine their final disposal. This process is cumbersome and impractical when dealing with bulk materials. This bill resolves that issue by allowing for immediate destruction, similar to existing provisions for other prohibited imports such as illicit drugs, tobacco and dangerous goods. Expedited disposal will free up enforcement resources, allowing the ABF to focus on deterring illegal imports rather than managing stockpiles of seized material.

This legislation would not have been possible without the unwavering commitment of Australia's trade unions. For years, unions have led the charge in demanding stronger protections, raising awareness of the deadly risks of silica exposure and providing crucial support to affected workers and their families. Their relentless advocacy ensured that silicosis was recognised as an urgent public-health crisis requiring decisive government intervention.

Silicosis is unique among occupational diseases. Unlike many other workplace hazards, its cause is clear and singular: exposure to silica dust. This means every single case of silicosis is entirely preventable. In fact, 100 per cent of silicosis cases are caused by occupational exposure—100 per cent—with research from Curtin University in 2022 estimating that up to 100,000 cases of silicosis could emerge from existing workplace exposure. Without strong intervention, hundreds of thousands more workers would continue be put at risk.

The ACTU, along with individual unions representing stonemasons, construction workers and manufacturing employees, played an instrumental role in achieving this ban. Their tireless campaigning and dedication to workers' safety have directly shaped the policy decisions that bring us to this very moment. This bill is proof of what can be accomplished when unions, workers and government come together for a common cause.

When Labor's in government, workers' voices are heard and their safety is prioritised. The passage of this legislation reaffirms our commitment to protecting workers and ensuring that no-one is forced to sacrifice their health for their job. This is a vital piece of legislation. It ensures that our world-leading ban on engineered stone is enforceable and effective, and it seeks to prevent any more Australian workers and their families suffering the consequences of this devastating disease. I commend this bill to the House.

Tony Zappia (Makin, Australian Labor Party) Share this | Link to this | Hansard source

I'll make a short contribution on the Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Bill 2024 because I believe it's very important legislation. For the past two decades, every year in November the Asbestos Victims Association of SA holds a remembrance service at Pitman Park in Salisbury in recognition of the people who have died from asbestos related illnesses over the years. Each year, white crosses are placed on the lawn area where the service is held, with the names of those people who have died, and each year the number of crosses continues to increase.

For all the deaths to date that we know of, there are, sadly, many more to come because asbestos diseases often take years to take effect. I've personally watched people who were affected by an asbestos disease, in their last months, in their struggle to survive, and the strain and the heartache it places not only on them but on their family members who are caring for them. It is truly devastating.

Disturbingly and incomprehensibly, asbestos is still legally used in some countries, even though the statistics and the evidence are now as clear as they can ever be. Just as sinister is the reality that the deadly nature of asbestos was known over a century ago, and yet its use was allowed to continue for the best part of the last century and, in particular, in the post World War II years, where it was used in just about every home throughout Australia and in so many other different applications. Human lives and the devastated families left were sacrificed for money and for profit.

There have, however, been some lessons learnt from society's use of asbestos—in particular, a much better understanding of dust related diseases, including the risk products, the health effects and the treatment options that are now available. Of course prevention is always better than cure. So, when the evidence was clear that engineered stone presented a serious health risk to workers within the industry, we needed to act. I'm proud to be member of a parliament that was not going to wait another hundred years, as we did with asbestos. It's a parliament that introduced a ban on the use, manufacture and supply of engineered stone on 1 July 2024. We were, I believe, the first country to do so. That ban took effect when new national work health and safety laws came into effect across the country, because it had to be done in conjunction with each of the states. That ban was strengthened with a ban on all imported finished engineered-stone products, coming into effect only on 1 January this year.

Engineered stone is quartz or a conglomerate stone that is crushed and then bound with a resin. The dust from engineered stone, when it is drilled, polished or cut, is deadly. Other colleagues have quoted estimates of the numbers of workers that have already being affected by silicon dust—or silicosis as it is often referred to with respect to some of the illnesses—but, in my view, we won't really know what the true effect of silicosis, or of engineered stone, on people's health has been until more years have passed, as was the case with asbestos. Whatever the statistics are—and I commend my colleagues who have quoted some of those statistics, which are based on sound research—the reality is that hundreds, if not thousands, of people will die because of their use of this product.

We banned it in Australia, and I believe that's an important first step. I would like to think that other countries might do the same. Quite frankly, my care is not only for the people of this country, when it comes to a known product that is deadly, but for all people that are forced to work with it. That brings me to this legislation. Put simply, anyone importing engineered-stone products must have a valid permit or an exemption. Without a valid permit or an exemption, any engineered stone that is detected will be seized and disposed of by our customs departments.

The seizure, holding and disposal of those products will come at a significant cost to government. This is why an expedited disposal process is in the public interest—and hence the need for this legislation. I note that the Department of Home Affairs will receive $32 million over the next two years of additional funding to cover the costs associated with the seizure, storage and disposal of any imported product. I don't know just how much it will cost.

What I also don't know is whether any of those costs will be recovered. I hope that we might be able to do so. But, as we know from past experiences, the reality is that recovering costs isn't always possible, so we need to act. Nor should we delay the disposal of the product whilst we look at whether we can recover the costs. To me, the fact is that the product needs to be disposed of. Dealing with it quickly saves costs in any event, so let's get on with it, and that's exactly what this legislation does. And it makes it clear that this government and we, in Australia, will not accept the continued use of this product.

I will make this observation. I recently spoke with someone who works with engineered stone, and the person said, 'Provided you work with it safely and abide by all the preconditions, it is really a product that you can continue to use.' I accept that, if you work with it safely, that might be the case. But the reality is, once it's in use in the community, there will be times when people will have to deal with it who don't know that they have to work with it safely and who don't know how to work with it safely, whether they're doing repairs or the like. It still presents an ongoing risk to people in the future. Therefore, I support the ban.

I also note that there are good alternatives to engineered stone, whether it is marble, natural stone, porcelain, terrazzo or even steel and timber products. They can now be used as an alternative. So there is no need to use a product that is deadly. We need to get our message out there loud and clear, and that's exactly what this legislation does.

Matt Thistlethwaite (Kingsford Smith, Australian Labor Party, Assistant Minister for Immigration) Share this | Link to this | Hansard source

I want to thank all the members who've contributed to this debate on the Customs Amendment (Expedited Seizure and Disposal of Engineered Stone) Bill. It is an important reform.

Silicosis is an insidious disease, and people who contract it, unfortunately, can have their lung capacity reduced over time and die a very long, slow death. We know that engineered-stone products, when handled in the wrong way, can result in the people working with them contracting silicosis and other diseases. That's why the government has taken this action to strengthen the legislative framework for engineered stone—in order to protect workers from the health risks associated with it. We're determined to put in place mechanisms to prevent workers from being exposed to respirable crystalline silica, which, when inhaled, can cause fatal lung disease and other chronic illnesses, like silicosis.

A key element of achieving this is inclusion of engineered stone as a prohibited import under customs' regulations, and the prohibited imports regulations came into effect on 1 January 2025. The measures in this bill will support the import prohibition, providing for the expedited seizure and disposal of engineered-stone products seized at the border and enhancing the operational effectiveness of the import prohibition. The management of seized engineered-stone products at the border presents significant logistical challenges for Border Force, particularly in terms of storage and transport of this bulk good, so the measures in this bill are essential to provide a mechanism to allow Australian Border Force officials to effectively administer seized engineered-stone products at the border. With the passage of this bill, I'm pleased to say that Australian workers and their families will be a step closer to being protected from significant harms caused by working with engineered stone. I commend the bill.

Debate adjourned.