Document ID: chunk:federal_register_of_legislation:F2016L00413:reg:5:p3
Version: federal_register_of_legislation:F2016L00413
Segment Type: reg
Provision Reference: reg 5 (pt 3/23)
Character Range: 7120–9983

must be labelled to meet WHS requirements, while a 750 mL bottle of the same spirits does not.

Therapeutic goods
Therapeutic goods are regarded as correctly labelled under the WHS Regulations when labelled
in accordance with Therapeutic Goods Administration (TGA) requirements and in a form:
    * intended for intake or administration to or by a patient or consumer, or
    * intended for use for therapeutic purposes.
When not in a form intended for intake or administration to or by a patient or consumer, or for therapeutic purposes, workplace labelling must be used.
For example, a pharmacist repacks a 1 kg container of formulated tablets in smaller containers for dispensing to patients. The 1 kg container must comply with TGA labelling requirements. However, a 1 kg container of the same material in powdered form used by a pharmacist in manufacturing or formulating products must be labelled according to workplace labelling requirements.

1.2 The meaning of key terms and abbreviations
ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 7th edition, approved by the Australian Transport Council. The ADG Code is accessible at the National Transport Commission website www.ntc.gov.au.
Container means anything in or by which a hazardous chemical is, or has been, wholly or partly covered, enclosed or packed, including anything necessary for the container to perform its function as a container.

Hazardous chemical means any substance, mixture or article that satisfies the criteria for a hazard class in the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) including a classification referred to in Schedule 6 of the WHS Regulations, but does not include a substance, mixture or article that satisfies the criteria solely for one of the following hazard classes:

       * acute toxicity - oral - Category 5
       * acute toxicity - dermal - Category 5
       * acute toxicity - inhalation - Category 5
       * skin corrosion/irritation - Category 3
       * serious eye damage/eye irritation - Category 2B
       * aspiration hazard - Category 2
       * flammable gas - Category 2
       * acute hazard to the aquatic environment – Category 1, 2 or 3
       * chronic hazard to the aquatic environment - Category 1, 2, 3 or 4, or
       * hazardous to the ozone layer.
Label means the written, printed or graphical information elements concerning a hazardous chemical that is affixed to, printed on or attached to the container of a hazardous chemical.
Further definitions and abbreviations used in this Code are listed in Appendix A.

1.3 What are the duties in relation to labelling hazardous chemicals?
The WHS Regulations apply specific duties to various persons in relation to the correct labelling
of workplace hazardous chemicals. These duties are summarised below.

Duty