Western Australian Current Regulations Western Australian Current Regulations (1A) In this
regulation —
Poisons Standard means the Standard for the
Uniform Scheduling of Medicines and Poisons November 2016 published by the
Commonwealth, as in force or remade from time to time.
(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.
Penalty for this subregulation:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
(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 Division 3; or
(b) the
label includes content that complies with another labelling requirement
imposed by these regulations or by another written law or a law of the
Commonwealth and the content is the same, or substantially the same, as the
content that is required by Schedule 9 Division 3.
(3) This regulation
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 regulation
does not apply to hazardous chemicals in transit.
(5) This regulation
does not apply to a hazardous chemical that —
(a) is
therapeutic goods within the meaning of the Therapeutic Goods Act 1989
(Commonwealth); and
(b) is
in a form intended for human consumption, for administration to or by a person
or use by a person for therapeutic purposes; and
(c) is
labelled in accordance with that Act or an order made under that Act.
(6) This regulation
does not apply to cosmetics and toiletries.
(7) This regulation
does not apply to a hazardous chemical that is —
(a) a
veterinary chemical product within the meaning of the Agvet Code; and
(b)
listed in —
(i)
the Poisons Standard Part 4 Schedule 4, if the
chemical product is packaged and supplied in a form intended for direct
administration to an animal for therapeutic purposes; or
(ii)
the Poisons Standard Part 4 Schedule 8.
(8) [not used]
Notes for this Subdivision:
1. A supplier of
hazardous chemicals may also be a person conducting a business or undertaking
at a workplace.
2. A supplier is
defined in section 25 of the Act as a person who conducts a business or
undertaking of supplying.