Sch 9Classification, packaging and labelling requirements

Schedule 9—Classification, packaging and labelling requirements

(regulations 329, 334 and 335)

Part 1—Correct classification

 

1  Correct classification of a substance, mixture or article

 (1) A substance or mixture (other than a research chemical, sample for analysis or waste product) is correctly classified if a determination is made about whether the substance or mixture can be classified into a hazard class under the GHS including a mixture classification referred to in Schedule 6 to these Regulations.

Note: The tables in Schedule 6 to these Regulations replace some of the tables in the GHS.

 (2) A substance or mixture that is a research chemical, sample for analysis or waste product is correctly classified if, so far as is reasonably practicable having regard to the known or suspected properties of the substance or mixture:

 (a) a determination is made about the identity of the substance or mixture; and

 (b) a determination is made about whether the substance or mixture can be classified into a hazard class under the GHS.

 (3) An article that contains a substance or mixture that may be released during the use, handling or storage of the article is correctly classified if the substance or mixture is correctly classified.

Part 2—Correct packing

 

2  Correctly packing hazardous chemicals

 (1) A hazardous chemical is correctly packed if the chemical is packed in a container that:

 (a) is in sound condition; and

 (b) will safely contain the chemical for the time the chemical is likely to be packed; and

 (c) is made of material that is compatible with, and will not be adversely affected by, the chemical; and

 (d) does not usually contain food or beverages and cannot be mistakenly identified as containing food or beverages.

 (2) Despite subclause (1), a hazardous chemical supplied by a retailer to a person, in a container provided by the person, is only correctly packed if:

 (a) for a hazardous chemical with a classification that includes flammable gases or gases under pressure—the container:

 (i) has a capacity less than the capacity stated for a hazardous chemical stored in bulk; and

 (ii) complies with the ADG Code; and

 (b) in any other case—the container:

 (i) has a capacity that does not exceed the capacity stated for a hazardous chemical stored in bulk; and

 (ii) is clearly marked with the product identifier or chemical identity; and (iii) complies with paragraphs (a) to (d) of subclause (1).