335Labelling hazardous chemicals

335 Labelling hazardous chemicals

335 Labelling hazardous chemicals

(1) The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly labelled as soon as practicable after manufacturing or importing the hazardous chemical.

Maximum penalty—

(a) for an individual—73 penalty units, or

(b) for a body corporate—364 penalty units.

(2) A hazardous chemical is correctly labelled if—

(a) the selection and use of label elements is in accordance with the GHS and it complies with Schedule 9, Part 3, or

(b) the label includes content that complies with another labelling requirement imposed by this regulation or another law of this State or of the Commonwealth and the content is the same, or substantially the same, as the content that is required by Schedule 9, Part 3.

(3) This section does not apply to a hazardous chemical if—

(a) the hazardous chemical is a consumer product that is labelled in accordance with the Poisons Standard, and

(b) the container for the hazardous chemical has its original label, and

(c) it is reasonably foreseeable that the hazardous chemical will be used in a workplace only in—

(i) a quantity that is consistent with household use, and

(ii) a way that is consistent with household use, and

(iii) a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.

(4) This section does not apply to hazardous chemicals in transit.

(5) This section does not apply to a hazardous chemical that is—

(a) therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth, and

(b) in a form intended for human consumption, for administration to or by a person or use by a person for therapeutic purposes, and

(c) labelled in accordance with that Act or an order made under that Act.