47Containers for poisons included in Schedule 5

47  Containers for poisons included in Schedule 5

 (1) The container in which a poison included in Schedule 5 is supplied must:

 (a) comply with the container requirements of subsection 46(1) or (3); or

 (b) comply with subsection (2).

 (2) A container complies with this subsection if:

 (a) it is readily distinguishable from a container in which food (including a condiment) or drink is sold; and

 (b) it complies with subsection 1.4 (General Requirements) of Australian Standard AS 2216‑1997, Packaging for poisonous substances, excluding paragraph 1.4.3; and

 (c) it is securely closed and, except when containing a preparation for use on one occasion only, is capable of being re‑closed to prevent spillage of its contents; and

 (d) the expression “POISON”, “NOT TO BE TAKEN” or “NOT TO BE USED AS A FOOD CONTAINER” is:

 (i) embossed or indelibly written on the container; or

 (ii) printed on a label that complies with subsection (3) that is attached to the container.

 (3) For the purposes of subparagraph (2)(d)(ii), the label must be a permanent adhesive label designed to adhere to a substrate without lifting and which cannot be removed without damaging either the label or the substrate.

 (4) Despite subsection (1), the following poisons included in Schedule 5:

 (a) methylated spirit(s);

 (b) liquid hydrocarbons when packed as kerosene, lamp oil, mineral turpentine, thinners, reducers, white petroleum spirit or dry cleaning fluid;

 (c) petrol;

 (d) toluene;

 (e) xylene;

must not be supplied in a bottle or jar having a nominal capacity of 2 L or less, unless the immediate container complies with the container requirements of subsection 46(1).