Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 330

  (1)   A manufacturer or importer of a hazardous chemical must prepare a safety data sheet for the hazardous chemical:

  (a)   before first manufacturing or importing the hazardous chemical; or

  (b)   if that is not practicable--as soon as practicable after first manufacturing or importing the hazardous chemical and before first supplying it to a workplace.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   The safety data sheet must comply with clause   1 of Schedule   7 unless regulation   331 applies.

  (3)   The manufacturer or importer of the hazardous chemical must:

  (a)   review the safety data sheet at least once every 5 years; and

  (b)   amend the safety data sheet whenever necessary to ensure that it contains correct, current information.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (4)   The manufacturer or importer of the hazardous chemical must provide the current safety data sheet for the hazardous chemical to any person, if the person:

  (a)   is likely to be affected by the hazardous chemical; and

  (b)   asks for the safety data sheet.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (5)   Subregulations (3) and (4) do not apply to a manufacturer or importer of a hazardous chemical who has not manufactured or imported the hazardous chemical in the past 5 years.