South Australian Current Regulations South Australian Current Regulations342—Labelling hazardous chemicals—containers
(1) A
person conducting a business or undertaking at a workplace must ensure that a
hazardous chemical is correctly labelled in accordance with
regulation 335 if the hazardous chemical is—
(a)
manufactured at the workplace; or
(b)
transferred or decanted from its original container at the workplace.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(1a)
Subregulation (1) does not apply to a hazardous chemical—
(a)
manufactured, at the workplace, or transferred or decanted from its original
container at the workplace, before 1 January 2017 that was, at the time it was
manufactured, or transferred or decanted from its original container, 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)
manufactured at the workplace before 1 January 2023 that was, at the time it
was manufactured, labelled in accordance with GHS 3; or
(c)
transferred or decanted from its original container at the workplace that
was—
(i)
manufactured or imported before 1 January 2023; and
(ii)
at the time it was manufactured or imported, labelled in
accordance with GHS 3.
(2) A
person conducting a business or undertaking at a workplace must ensure, so far
as is reasonably practicable, that a container that stores a hazardous
chemical is correctly labelled in accordance with regulation 335 while
the container contains the hazardous chemical.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(2a)
Subregulation (2) does not apply to a container—
(a) that
stores a hazardous chemical manufactured or, in the case of an imported
hazardous chemical, imported before 1 January 2017 if the container is
labelled in accordance with the National Code of Practice for the Labelling of
Workplace Substances [NOHSC:2012(1994)] as in force at the time it was
manufactured or imported (as the case requires); or
(b)
manufactured or imported before 1 January 2023 that was, at the time it was
manufactured or imported, labelled in accordance with GHS 3.
(3) A
person conducting a business or undertaking at a workplace must ensure that a
container labelled for a hazardous chemical is used only for the use, handling
or storage of the hazardous chemical.
Maximum penalty:
(a) In
the case of an individual—$6 000.
(b) In
the case of a body corporate—$30 000.
(4) This regulation
does not apply to a container if—
(a) the
hazardous chemical in the container is used immediately after it is put in the
container; and
(b) the
container is thoroughly cleaned immediately after the hazardous chemical is
used, handled or stored so that the container is in the condition it would be
in if it had never contained the hazardous chemical.