Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 341

  (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 regulation   335.

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)   Subregulation (1) does not apply to a hazardous chemical if the chemical:

  (a)   was manufactured or imported before 1   January 2017; and

  (b)   was, at the time it was manufactured or imported, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.

Note:   Regulation   338 applies if the chemical is being supplied to another workplace.

  (4)   Subregulation (1) does not apply to a hazardous chemical if the chemical:

  (a)   was manufactured or imported before 1   January 2023; and

  (b)   was, at the time it was manufactured or imported, labelled in accordance with the GHS 3.