335—Labelling hazardous chemicals
(1) The manufacturer
or importer of a hazardous chemical must ensure that the hazardous chemical is
correctly labelled as soon as practicable after manufacturing or importing the
hazardous chemical.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2) A hazardous
chemical is "correctly labelled" if—
(a) the
selection and use of label elements is in accordance with the GHS and it
complies with Part 3 of Schedule 9; or
(b) the
label includes content that complies with another labelling requirement
imposed by these regulations or by another law of this State or of the
Commonwealth and the content is the same, or substantially the same, as the
content that is required by Part 3 of Schedule 9.
(3) This regulation
does not apply to a hazardous chemical if—
(a) the
hazardous chemical is a consumer product that is labelled in accordance with
the Poisons Standard; and
(b) the
container for the hazardous chemical has its original label; and
(c) it
is reasonably foreseeable that the hazardous chemical will be used in a
workplace only in—
(i)
a quantity that is consistent with household use; and
(ii)
a way that is consistent with household use; and
(iii)
a way that is incidental to the nature of the work
carried out by a worker using the hazardous chemical.
(4) This regulation
does not apply to hazardous chemicals in transit.
(5) This regulation
does not apply to a hazardous chemical that—
(a) is
therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the
Commonwealth; and
(b) is
in a form intended for human consumption, for administration to or by a person
or use by a person for therapeutic purposes; and
(c) is
labelled in accordance with that Act or an order made under that Act.
(6) This regulation
does not apply to cosmetics and toiletries.
(7) This regulation
does not apply to a hazardous chemical that is—
(a) a
veterinary chemical product within the meaning of the Agvet Code; and
(b)
listed in—
(i)
the Poisons Standard, Part 4, Schedule 4, if the chemical
product is packaged and supplied in a form intended for direct administration
to an animal for therapeutic purposes; or
(ii)
the Poisons Standard, Part 4, Schedule 8.
(8) In this
regulation—
"Poisons Standard" means the Standard for the Uniform Scheduling of Medicines
and Poisons October 2016 published by the Commonwealth, as in force or remade
from time to time.
Notes—
1 A supplier of hazardous chemicals may also be a
person conducting a business or undertaking at a workplace.
2 A supplier is defined in section 25 of the
Act as a person who conducts a business or undertaking of supplying.
3 An operator of a major hazard facility is
required to notify certain quantities of hazardous chemicals under
Chapter 9 Part 2.