Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:342:p1
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 342 (pt 1/2)
Character Range: 456002–458901

342  Labelling hazardous chemicals—containers
 (1) A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical is correctly labelled in accordance with regulation 335 if the hazardous chemical is:
 (a) manufactured at the workplace; or
 (b) transferred or decanted from its original container at the workplace.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (1A) Subregulation (1) does not apply to a hazardous chemical if the chemical:
 (a) was manufactured, or transferred or decanted from its original container at the workplace, before 1 January 2017; and
 (b) was, at the time it was manufactured, or transferred or decanted from its original container at the workplace, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note: Regulation 338 applies if the chemical is being supplied to another workplace.
 (1C) Subregulation (1) does not apply to a hazardous chemical if the chemical:
 (a) was manufactured, or transferred or decanted from its original container at the workplace, before 1 January 2023; and
 (b) was, at the time it was manufactured, or transferred or decanted from its original container at the workplace, labelled in accordance with the GHS 3.
 (2) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a container that stores a hazardous chemical is correctly labelled in accordance with regulation 335 while the container contains the hazardous chemical.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2A) Subregulation (2) does not apply to a container that stores a hazardous chemical if:
 (a) if subregulation 341(2) applies—the container is labelled as mentioned in that subregulation; or
 (b) if subregulation 342(1A) applies—the container is labelled as mentioned in that subregulation.
 (2C) Subregulation (2) does not apply to a container that stores a hazardous chemical if:
 (a) if subregulation 341(4) applies—the container is labelled as mentioned in that subregulation; or
 (b) if subregulation 342(1C) applies—the container is labelled as mentioned in that subregulation.
 (3) A person conducting a business or undertaking at a workplace must ensure that a container labelled for a hazardous chemical is used only for the use, handling or storage of the hazardous chemical.
Note: Section 12F of the Act provides that strict liability applies