45A—Restrictions on manufacture, sale, supply and use of certain paints
and tinters
(1) A person must not
manufacture, sell, supply or use—
(a) a
First Group Paint for application to—
(i)
a roof or any surface to be used for the collection or
storage of potable water; or
(ii)
furniture; or
(iii)
any fence, wall, post, gate or building (interior or
exterior) other than a building which is used exclusively for industrial
purposes or mining or any oil terminal; or
(iv)
any premises used for the manufacture, processing,
preparation, packing or serving of products intended for human or animal
consumption; or
(b) an
anti-fouling or anti-corrosive paint containing more than 0.1% Lead; or
(ba) a
paint (other than an anti-fouling or anti-corrosive paint) or tinter
containing more than 0.009% Lead; or
(c) a
paint for application to toys unless the paint complies with the specification
for coating materials contained in AS/NZS ISO 8124.3:2012 Safety of toys Part
3: Migration of certain elements (ISO 8124-03:2010, MOD) , as in force from
time to time; or
(d) a
paint or tinter that contains a pesticide (other than a fungicide, algaecide,
bactericide or antifouling agent).
Maximum penalty: $5 000.
(2) Subregulation (1)
applies only in relation to a paint or tinter that contains a poison.
(2a) For the purposes
of this regulation, the proportion of Lead contained in a paint is calculated
as a percentage of the element present in the non-volatile content of the
paint.
(3) In this
regulation, "First Group Paint",
"paint", "pesticide", "tinter" and "toy" have the same respective meanings as
in the Uniform Poisons Standard.