328—Application of Chapter 7 Part 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—
(a) that
forms part of a distribution system within the meaning of the
Gas Act 1997 ; or
(b) that
is a transmission pipeline, or part of a transmission pipeline, to which a
pipeline licence under the Petroleum and Geothermal Energy Act 2000
relates; or
(c) to
which a pipeline licence under the Petroleum (Submerged Lands) Act 1982
relates.
(3) This Part applies
to the handling or storage of dangerous goods listed in column 2 of
table 328, other than at a workplace, if the quantity of the dangerous
goods is more than the relevant threshold referred to in column 3 of the
table.
Table 328
(4) This Part does not
apply to hazardous chemicals and explosives being transported by road, rail,
sea or air if the transport is regulated under the Dangerous Substances
(Dangerous Goods Transport) Regulations 2008 or the law of another
jurisdiction.
(5) 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.
(6) This Part, other
than the following regulations and Schedule 7, does not apply to
substances, mixtures or articles categorised as explosives under the GHS:
(a)
regulation 329;
(b)
regulation 330;
(c)
regulation 339;
(d)
regulation 344;
(e)
regulation 345.
(7) 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 of the
Commonwealth 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.
Notes—
1 A manufacturer or importer of hazardous
chemicals may also be a person conducting a business or undertaking at a
workplace.
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.