Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2006 (No. 1)

Administered by Department of Employment and Workplace Relations

Legislation au F2006L00532 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Select Legislative Instrument 2006 No. 8

Issued by the authority of the Minister for Employment and Workplace Relations.

Occupational Health and Safety (Commonwealth Employment) Act 1991

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2006 (No. 1)

 

The Occupational Health and Safety (Commonwealth Employment) Act 1991 (the Act) promotes the occupational health and safety of persons employed by the Commonwealth and Commonwealth authorities. 

 

Subsection 82(1) of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.  In addition, subsection 23(1) of the Act provides that regulations may make provisions relating to any matter affecting, or likely to affect, the occupational health and safety of employees or contractors, or other persons at or near a workplace. 

 

Under Part 6 of the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 (the Principal Regulations), Commonwealth employers must ensure that employees using a hazardous substance at work have access to a Material Safety Data Sheet (MSDS) for that substance, which describes the properties of and advice on safe handling for that hazardous substance.  The Principal Regulations prescribe that suppliers of hazardous substances prepare an MSDS in accordance with the National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011 (1994) (the 1994 National Code].

 

The Regulations amend the Principal Regulations to implement the new National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011 (2003)] (2003 National Code) in the Commonwealth jurisdiction.  References in Part 6 to the 1994 National Code have been replaced with references to the 2003 National Code.

 

The 2003 National Code is consistent with the 16-Header MSDS format of the Global Harmonised System for the Classification and Labelling of Chemicals (GHS), a UN initiative.  The 2003 National Code ensures that employers and suppliers adhere to international best practice and reduce further barriers to international trade, and also achieve national consistency in the storage, use and handling of hazardous substances.

 

NOHSC reviewed the 1994 National Code in 2000 and undertook a preliminary consultation with all the jurisdictions and representatives of employers and employees.  Comcare also undertook consultation with Commonwealth employers and unions on preferable options for the implementation of the 2003 Code.  The Safety, Rehabilitation and Compensation Commission, which is a representative body, and the Workplace Relations Ministers Council have recommended that the 2003 National Code be implemented. 

 

Details of the proposed Regulations are set out in the Attachment.

 

The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations will commence on 24 April 2006. 

 

The Minute recommends that Regulations be made in the form proposed.  

 

 

 

 

 


ATTACHMENT

 

Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2006 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2006 (No. 1)

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on 24 April 2006.

 

Regulation 3 – Amendment of Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994

 

This regulation provides that the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 (the Principal Regulations) are amended as set out in Schedule 1

 

Schedule 1 - Amendments

 

Item [1] – subregulation 6.05(1), note

 

This item removes the current note following subregulation 6.05(1).  This note contains outdated references to the National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011 (1994)].

 

Item [2] – subregulation 6.05(2)

 

This item replaces the current subregulation which makes reference to the 1994 National Code with an updated subregulation which refers to the 2003 National Code.

 

Item [3] – Regulation 6.08

 

This item replaces the current regulation which makes reference to the 1994 National Code with an updated regulation which refers to the 2003 National Code.

 

Item [4] – Paragraph 6.12(5)(a)

 

This item removes the current reference in the paragraph to the year 1994 and updates it with a reference to the year 2003.

 

 

Overview

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2006 (No. 1) were introduced to update and align the existing Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 with the newer National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011 (2003)]. These regulations were enacted under the authority of the Minister for Employment and Workplace Relations and aim to ensure that the Commonwealth and its authorities adhere to international best practices in handling hazardous substances, thereby promoting the occupational health and safety of employees. By updating the references in the Principal Regulations to the 2003 National Code, the amendments aim to achieve consistency across jurisdictions, reduce barriers to international trade, and ensure that employers and suppliers of hazardous substances follow the most current and globally accepted standards.

Scope and Application

The Occupational Health and Safety (Commonwealth Employment) Act 1991 applies to the occupational health and safety of persons employed by the Commonwealth and Commonwealth authorities. It aims to ensure that these employees are provided with a safe and healthy working environment. The Act authorises the Governor-General to make regulations necessary for carrying out or giving effect to the Act, including those relating to any matter affecting occupational health and safety of employees, contractors, or other persons at or near a workplace. The Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2006 (No. 1) amend the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994 to implement the new National Code of Practice for the Preparation of Material Safety Data Sheets [NOHSC:2011 (2003)] in the Commonwealth jurisdiction. The amendment replaces references to the 1994 National Code with the 2003 National Code, which aligns with the Global Harmonised System for the Classification and Labelling of Chemicals (GHS), a UN initiative. The Regulations are a legislative instrument under the Legislative Instruments Act 2003 and will commence on 24 April 2006.

Key Provisions

The Occupational Health and Safety (Commonwealth Employment) (National Standards) Amendment Regulations 2006 (No. 1) primarily amend the Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations 1994, updating references to the 1994 National Code of Practice for the Preparation of Material Safety Data Sheets to the 2003 National Code. This is achieved through Regulation 3, which amends the Principal Regulations as detailed in Schedule 1 (paragraphs 1 to 4). Specifically, it removes outdated references to the 1994 National Code and replaces them with references to the 2003 National Code, ensuring that the regulations align with international best practices and the Global Harmonised System for the Classification and Labelling of Chemicals. These Regulations impose specific obligations on Commonwealth employers and suppliers of hazardous substances. Under the amended regulations, employers must ensure that employees using hazardous substances at work have access to an updated Material Safety Data Sheet (MSDS) that adheres to the 2003 National Code. Suppliers are required to prepare MSDSs in accordance with this updated code, ensuring that the information provided is consistent with international standards and practices. These obligations are intended to enhance the safety and consistency in handling hazardous substances across the Commonwealth. Failure to comply with the Occupational Health and Safety (Commonwealth Employment) Act 1991 and the amended regulations can result in various legal consequences. Under the Act, breaches may lead to civil penalties, including fines. The maximum penalties for contraventions can be significant, depending on the nature and severity of the breach. Additionally, serious non-compliance could result in criminal charges, leading to further penalties such as imprisonment for directors or officers of the organisation found guilty of an offence. The Regulations themselves do not specify particular penalties but align with the broader legislative framework provided by the Act.

Legal classification tags

Area of Law
Occupational Health and Safety
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.