ABF - Australian business fined for illegally exporting dangerous chemicals

Thursday, November 28, 2024


28/11/2024

The Australian Border Force (ABF) has fined a South Australian chemical company more than $14,000 for exporting 700 litres of Chloropicrin.

The chemical, also known as Nitrochloroform, is used by agricultural industries as a soil fumigant but has also been used in chemical warfare, including during World War I.

The ABF commenced an investigation into the chemical company after a routine audit identified it may have exported controlled toxic substances without the necessary permissions.

Officers engaged with Defence Export Controls at the Department of Defence, which confirmed the company had not sought permission to export the Chloropicrin.

During the investigation, ABF officers interviewed senior management from the company and determined the company's export had breached the Customs Act 1901.

ABF Superintendent James Ryan said the ABF is working hand-in-glove with partner agencies to enforce border controls prohibiting the export of toxic substances that pose a risk to Australia's national security.

"Trade of dual-use chemicals must be closely scrutinised and requires authorisation. In the wrong hands, a chemical like this can be used to cause significant damage to a person's lungs, skin, eyes and digestive system," Superintendent Ryan said.

"Whether it's driven by intent to cause harm or simply lack of understanding of the regulations, the ABF will ensure we protect Australia's national security.

"We work collaboratively with our international partners to share information that disrupts the movement of substances that can be used in chemical and biological weapons programs".

Chloropicrin is classified as a controlled toxic chemical under the international Organisation for the Prohibition of Chemical Weapons' Chemical Weapons Convention and was discussed at the Australia Group, a multi-lateral export control regime of 42 countries and the European Union, is permanently chaired by Australia.

The South Australian company was issued one infringement notice totalling $14,085 for contravening subsection 233(1)(c) of the Customs Act 1901, where a body corporate exported prohibited exports without permission. The ABF also provided educational outreach to remind them of their border obligations, especially when trading in hazardous and toxic chemicals.

The company has since paid the infringement notice and adapted its business processes to ensure compliance with customs and related Commonwealth legislation.

Anyone with Information about suspicious activity which may impact the security of Australia's borders can be provided to Border Watch online.

By reporting suspicious activities you help protect Australia's border and the community.