(1) This part applies to—
(a) the use, handling and storage of hazardous chemicals at a workplace and the generation of hazardous substances at a workplace; and
(b) a pipeline used to convey a hazardous chemical.
(1A) This part applies to the handling or storage of dangerous goods mentioned in table 328, column 2, other than at a workplace, only if the quantity of the dangerous goods is more than the threshold quantity mentioned in table 328, column 3 for the dangerous good.
Note The href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act
, sch 1, applies the Act to the storage and handling of prescribed dangerous goods even if they are not at a workplace or for use in carrying out work (see also s 10 and s 10A).
Table 328
(2) This part does not apply to a pipeline that is regulated under the href="http://www.legislation.act.gov.au/a/2000-67" title="A2000-67">Gas Safety Act 2000
or the Gas Safety title="A2014-60">Utilities (Technical Regulation) Act 2014
.
(3) This part does not apply to hazardous chemicals and explosives being transported by road, rail, sea or air if the transport is regulated under the following:
(a) the
title="A2009-34">Dangerous Goods (Road Transport) Act 2009;
Note The Technical Instructions for the Safe Transport of Dangerous Goods by Air does not need to be notified under the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
because s 47 (5) does not apply (see s 15 and href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, s 47 (7)). The Instructions are available at www.icao.int
.
(b) The Technical Instructions for the Safe Transport of Dangerous Goods by Air , published by the International Civil Aviation Organisation;
Note The Technical Instructions for the Safe Transport of Dangerous Goods by Air do not need to be notified under the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
because s 47 (5) does not apply (see s 15 and href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, s 47 (7)). The Instructions are available at www.icao.int
.
(c) the Dangerous Goods Regulations , published by the International Air Transport Association.
Note The Dangerous Goods Regulations do not need to be notified under the
title="A2001-14">Legislation Actbecause s 47 (5) does not apply (see s 15 and href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, s 47 (7)). The Regulations are available at www.iata.org
.
(4) This part does not apply to the following hazardous chemicals in the circumstances described:
(a) hazardous chemicals in batteries when incorporated in plant;
(b) fuel, oils or coolants in a container fitted to a vehicle, vessel, aircraft, mobile plant, appliance or other device, if the fuel, oil or coolant is intended for use in the operation of the device;
(c) fuel in the fuel container of a domestic or portable fuel burning appliance, if the quantity of fuel does not exceed 25kg or 25L;
(d) hazardous chemicals in portable firefighting or medical equipment for use in a workplace;
(e) hazardous chemicals that form part of the integrated refrigeration system of refrigerated freight containers;
(f) potable liquids that are consumer products at retail premises.
(5) This part, other than the following sections and schedule 7 (Safety data sheets), does not apply to substances, mixtures or articles categorised only as explosives under the GHS:
(a) section 329 (Classification of hazardous chemicals);
(b) section 330 (Manufacturer or importer to prepare and provide safety data sheets);
(c) section 339 (Supplier to provide safety data sheets);
(d) section 344 (Person conducting business or undertaking to obtain and give access to safety data sheets);
(e) section 345 (Changes to safety data sheets).
Note Explosives are regulated under the Dangerous Substances (Explosives) Regulation 2004 .
(6) This part does not apply to the following:
(a) food and beverages within the meaning of the Australia New Zealand Food Standards Code that are in a package and form intended for human consumption;
Note The Australia New Zealand Food Standards Code does not need to be notified under the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
because s 47 (5) does not apply (see s 15 and href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, s 47 (7)). The Code is available at www.legislation.gov.au
.
(b) tobacco, or products made of tobacco;
(c) therapeutic goods within the meaning of the Therapeutic Goods Act 1989
(Cwlth) at the point of intentional intake by or administration to humans;
Note The
title="Act 1990 No 21 (Cwlth)">Therapeutic Goods Act 1989(Cwlth) does not need to be notified under the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
because s 47 (5) does not apply (see s 15 and href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, s 47 (7)). The Act is available at www.legislation.gov.au
.
(d) veterinary chemical products within the meaning of the Agvet Code at the point of intentional administration to animals.
(7) In this section:
"Australia New Zealand Food Standards Code"—see the Food Standards Australia New Zealand Act 1991
(Cwlth), section 4.
Note 1 A manufacturer or importer of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.
Note 2 A manufacturer or importer is defined in the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act
, s 23 or s 24 as a person conducting a business or undertaking of manufacturing or importing.