Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 328

Application of Part 7.1

  (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.

  (2)   This Part does not apply to a pipeline if:

  (a)   the pipeline is regulated under a relevant law of a State specified in a corresponding WHS law; or

  (b)   if no relevant law of a State is specified in a corresponding WHS law--the pipeline is regulated under another law of the State.

  (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 a relevant law of a State specified in a corresponding WHS law.

  (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 25 kilograms or 25 litres;

  (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 regulations and Schedule   7, does not apply to substances, mixtures or articles categorised only as explosives under the GHS:

  (a)   regulation   329;

  (b)   regulation   330;

  (c)   regulation   339;

  (d)   regulation   344;

  (e)   regulation   345.

  (6)   This Part does not apply to the following:

  (a)   food and beverages within the meaning of the Food Standards Australia New Zealand Food Standards Code that are in a package and form intended for human consumption;

  (b)   tobacco or products made of tobacco;

  (c)   therapeutic goods within the meaning of the Therapeutic Goods Act 1989 at the point of intentional intake by, or administration to, humans;

  (d)   veterinary chemical products within the meaning of the Agvet Code at the point of intentional administration to animals.

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 section   23 or 24 of the Act as a person conducting a business or undertaking of manufacturing or importing.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback