(1) A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical used, handled or stored at the workplace is correctly labelled in accordance with section 335 (Labelling hazardous chemicals).
Maximum penalty:
(a) in the case of an individual—$6 000; or
(b) in the case of a body corporate—$30 000.
Note 1 Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2 Handling —see the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act
, dictionary.
(2) Subsection (1) does not apply to a hazardous chemical—
(a) supplied before 1 January 2017 that was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time; or
(b) supplied before 1 January 2023 that was, at the time it was supplied, labelled in accordance with GHS 3; or
(c) manufactured or imported before 1 January 2023 that was, at the time it was manufactured or imported, labelled in accordance with GHS 3.
Note 1 Section 338 applies if the chemical is being supplied to another workplace.
Note 2 The National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] does 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 National Code of Practice is available at www.safeworkaustralia.gov.au
.