Document ID: chunk:federal_register_of_legislation:F2024C01055:front:0:p9
Version: federal_register_of_legislation:F2024C01055
Segment Type: other
Provision Reference: 
Character Range: 21095–23921

this subregulation commences, see Division 5.
 (2) Strict liability applies to subparagraph (1)(b)(i).

2.07  Provision of information by a supplier
  A supplier of a hazardous substance that the supplier knows, or ought reasonably to know, will be used by employees or contractors at a workplace must provide to the operator of the workplace, on request:
 (a) a NICNAS summary report that relates to the condition of the hazardous substance at the time of supply; and
 (b) information concerning the condition of the hazardous substance at the time of supply that will assist in the safe use of the substance, being information additional to the information contained in the MSDS relating to the substance.
Penalty: 10 penalty units.

Division 3—Duties of an operator in relation to the use of hazardous substances

2.08  Prohibition on uses of hazardous substances
      An operator must ensure that a hazardous substance mentioned in column 2 of an item in Schedule 2 is not used, at a workplace under the operator's control, in any circumstance other than a circumstance specified in column 3 of the item.
Penalty: 10 penalty units.

2.09  Exemption from regulation 2.08
 (1) Regulation 2.08 does not apply to an operator in relation to a hazardous substance mentioned in Schedule 2 (other than chrysotile) if the Authority exempts the operator from the application of the regulation in relation to the substance.
 (2) Regulation 2.08 does not apply to an operator in relation to a use of chrysotile if the Authority exempts the operator from the application of the regulation in relation to that use.
 (3) An operator seeking an exemption must apply for the exemption in accordance with Schedule 3.
 (4) The Authority may exempt an operator only in accordance with Schedule 3.

2.10  Review of decisions
  Application under the Administrative Review Tribunal Act 2024 may be made to the Administrative Review Tribunal for review of the following decisions of the Authority:
 (a) a decision, under either of the following provisions of Schedule 3, to refuse to grant an exemption:
 (i) paragraph 1.02(1)(b);
 (ii) paragraph 2.04(1)(b);
 (b) a decision, under either of the following provisions of Schedule 3, to make an exemption subject to conditions:
 (i) subclause 1.03(1);
 (ii) subclause 2.05(2);
 (c) a decision, under either of the following provisions of Schedule 3, to add a condition to, or vary or revoke a condition of, an exemption:
 (i) subclause 1.03(2);
 (ii) subclause 2.05(3);
 (d) a decision, under either of the following provisions of Schedule 3, to cancel an exemption:
 (i) paragraph 1.04(2)(a);
 (ii) paragraph 2.06(2)(a).

2.11  Use of Material Safety Data Sheets
Note: The use of MSDS will allow assessment of the risks of hazardous substances and enable any necessary controls to be established.