Engineered Stone Table Tops for Australian Hospitality Projects: What Regulation 5M of the Prohibited Imports Regulations Says
What regulation 5M says in the words of the legislation, and what a table top specification should ask before ordering from China.
Regulation 5M of the Customs (Prohibited Imports) Regulations 1956 prohibits the importation into Australia of engineered stone in the form of benchtops, panels or slabs, unless one of four routes in the regulation applies. Table tops, bar tops and counter tops in hospitality projects are often specified in stone-effect materials, so a specification that names engineered stone needs to read the regulation, not only the supplier’s datasheet.
This article reads regulation 5M as it appears in Compilation No. 147 of the Regulations, compilation date 13 July 2026, registered 4 August 2026 (register ID F2026C00751), obtained from the Federal Register of Legislation on 12 October 2026. It quotes or closely paraphrases the text. It is a reading of the legislation for procurement planning, not legal advice, and it does not decide whether any particular product is caught. The regulation defines “engineered stone” by reference to the Work Health and Safety Regulations 2011, which we did not read for this article. For related Australian rules for furniture, see our notes on importing wooden contract furniture into Australia and our Australia and New Zealand compliance page. FBM Furniture works with companies only: Developers · General Contractors · Builders · Commercial Project Owners · Interior Design & Construction Companies · FF&E Solution Providers.
What regulation 5M prohibits
Regulation 5M(2) states that the importation into Australia of engineered stone in the form of benchtops, panels or slabs is prohibited unless one of the routes listed in the paragraph applies. Regulation 5M(1) defines the terms used: “engineered stone” has the same meaning as in the Work Health and Safety Regulations 2011, and the regulation also names the Asbestos and Silica Safety and Eradication Agency, Comcare, an authorised person and corresponding WHS laws.
The regulation is written about goods in the form of “benchtops, panels or slabs”. It does not say in its own text how it treats a finished table, a counter unit or a joinery item that includes such a top. That is a question for the importer’s adviser and the Australian authorities, and we do not answer it here.
The four routes in regulation 5M(2)
The prohibition does not apply where one of the following is met, and in each case a copy of the document must be produced to a Collector on request at or before the time of importation.
- (a) Permission: the Work Health and Safety Minister or an authorised person has granted permission in writing.
- (b) Comcare confirmation: Comcare has confirmed in writing that the proposed use of the goods is for a purpose mentioned in paragraph (3)(a) and is permitted under the Work Health and Safety Act 2011 (Cth).
- (c) State or Territory confirmation: an authority of a State or Territory has confirmed in writing that the proposed use is for a purpose mentioned in paragraph (3)(a), and the authority is that of the State or Territory in which the goods are to be used for that purpose.
- (d) Exemption: the importation is of a kind of benchtops, panels or slabs that is the subject of an exemption granted under subregulation 684(1) or 689A(1) of the Work Health and Safety Regulations 2011, or under a corresponding WHS law.
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When permission can be granted
Regulation 5M(3) says a permission under paragraph (2)(a) may only be granted if the Work Health and Safety Minister or authorised person is satisfied that the importation is for genuine research and analysis, or to sample and identify engineered stone, or that there are exceptional circumstances that justify the importation. Regulation 5M(4) allows the permission to specify conditions or requirements, including times for compliance.
Regulation 5M(5) says the Work Health and Safety Minister may authorise in writing a person who is the Chief Executive Officer of the Asbestos and Silica Safety and Eradication Agency, or a person in the Department holding or acting in a position equivalent to or higher than an SES employee. Regulation 6 adds that the Regulations are in addition to, and do not derogate from, any other law of the Commonwealth relating to importation.
What a table top specification should ask
None of the following is a requirement placed on a factory by regulation 5M. They are questions an Australian importer can write into the specification so that the material is identified before an order is placed. Put each answer in writing and keep it with the purchase order.
- Material name: what the top is made of, by the maker’s own technical name and by the name the project specification uses, and whether the maker describes it as engineered stone.
- Composition statement: a written material description for the exact top, issued by the maker for the order.
- Form of the goods: whether the goods are supplied as benchtops, panels or slabs, or as a finished table or counter, as shown on the drawing and the packing list.
- Alternative materials: whether the specification allows an alternative top material, such as a solid timber or another named surface, if the first choice cannot be imported.
- Which route applies: if the top is engineered stone in a covered form, which of the four routes in regulation 5M(2) the importer relies on and who holds the document.
- Adviser sign-off: that the importer’s customs adviser has reviewed the material description before the order is placed.
For the supply side of stone and composite tops see FBM Sourcing’s guide to quartz and engineered stone slab manufacturers and its comparison of quartz and solid surface countertops.
Regulation 5M at a glance
| Paragraph | What it does |
|---|---|
| 5M(1) | Defines terms: the Asbestos and Silica Safety and Eradication Agency, authorised person, Comcare, corresponding WHS law and engineered stone. |
| 5M(2) | Prohibits importation of engineered stone in the form of benchtops, panels or slabs unless route (a), (b), (c) or (d) applies, with the document produced to a Collector on request. |
| 5M(3) | Limits the grounds on which a permission may be granted: genuine research and analysis, sampling and identification, or exceptional circumstances. |
| 5M(4) | Allows a permission to specify conditions or requirements, including times for compliance. |
| 5M(5) | Lets the Work Health and Safety Minister authorise a person: the Chief Executive Officer of the Agency or a person in an SES-equivalent position in the Department. |
Regulation 6 follows immediately and says the Regulations are in addition to, and do not derogate from, any other Commonwealth law relating to importation. The structure above is how the regulation is laid out in the compilation we read; the compilation’s endnotes show the regulation was added by a later amending instrument, and we have not read that instrument.
Questions to settle with your adviser before specifying
These are questions for your customs and WHS advisers, not statements of what the regulation means. Write the answers into the specification file.
- Does the material named in the specification fall within the meaning of engineered stone in the Work Health and Safety Regulations 2011?
- Are the goods imported in the form of benchtops, panels or slabs, or as finished tables or counters, and does the answer change the position?
- If route (b) or (c) is relied on, which authority gives the confirmation and what purpose does it name?
- If route (d) is relied on, which exemption is it and who holds the document?
- Which State or Territory is the place of use, and does that authority publish a process for confirmations?
- What is the fallback material if the first choice cannot be imported on the project’s programme?
What this reading does not cover
This article does not read the definition of engineered stone in the Work Health and Safety Regulations 2011, the exemptions in subregulations 684(1) and 689A(1) of those Regulations, State and Territory work health and safety laws, or any guidance published by the Australian Border Force or the Work Health and Safety authorities. It does not say that any named material is or is not engineered stone, and it does not state penalties. Check the Federal Register of Legislation for the current compilation before you rely on this reading, because the compilation date is 13 July 2026, and keep a dated copy of the version you relied on with the project file so that the position at the date of the order can be shown later.
Frequently asked questions
What does regulation 5M prohibit?
It prohibits the importation into Australia of engineered stone in the form of benchtops, panels or slabs, unless one of the four routes in regulation 5M(2) applies.
What are the four routes?
A written permission from the Work Health and Safety Minister or an authorised person, a written confirmation from Comcare, a written confirmation from a State or Territory authority where the goods are to be used, or an exemption under the Work Health and Safety Regulations 2011 or a corresponding WHS law. A copy of the document must be produced to a Collector on request.
Does it cover a finished table or counter?
The text of regulation 5M refers to engineered stone in the form of benchtops, panels or slabs. It does not say in its own words how a finished table or counter is treated, so ask your adviser and the Australian authorities.
Where does the definition of engineered stone come from?
Regulation 5M(1) says engineered stone has the same meaning as in the Work Health and Safety Regulations 2011. This article did not read that definition.
How does FBM Furniture charge for table tops?
For suppliers you nominate, we charge a 5% commission; for products we source for you, we quote a direct price. Our own team performs one inspection after bulk production is complete and before shipment, and your team is welcome to attend.
Send your table top schedule
Send the table top schedule, drawings and quantities, and we will tell you which details are missing before factories quote.