Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(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; or
(b) in the case of a body corporate—$30 000.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
(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 schedule 9, part 9.3 (Correct labelling); or
(b) the label includes content that complies with another labelling requirement imposed by this regulation, any other territory law or Commonwealth law and the content is the same, or substantially the same, as the content that is required by schedule 9, part 9.3.
(3) This section does not apply to a hazardous chemical if—
(a) the hazardous chemical is a consumer product that is labelled in accordance with the Standard for the Uniform Scheduling of Medicines and Poisons, as in force or remade from time to time; and
Note The Standard for the Uniform Scheduling of Medicines and Poisons 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 (6) 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 Standard is available at www.legislation.gov.au
.
(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 section does not apply to hazardous chemicals in transit.
(5) This section does not apply to a hazardous chemical that is—
(a) therapeutic goods within the meaning of the Therapeutic Goods Act 1989
(Cwlth); and
Note The 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
.
(b) in a form intended for human consumption, for administration to or by a person or use by a person for therapeutic purposes; and
(c) labelled in accordance with that Act or an order made under that Act.
(6) This section does not apply to cosmetics and toiletries.
(7) This section 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 Standard for the Uniform Scheduling of Medicines and Poisons, 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 Standard for the Uniform Scheduling of Medicines and Poisons, part 4, schedule 8.
(8) This section does not apply to a substance seized by a police officer under the
title="A1989-11">Drugs of Dependence Act 1989.
Note 1 A supplier of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.
Note 2 A supplier 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 25 as a person who conducts a business or undertaking of supplying.
Note 3 An operator of a major hazard facility is required to notify certain quantities of hazardous chemicals under pt 9.2.