(1) For the purposes of section 497 (2) (e) and (f) (Decision on application), the regulator must have regard to all relevant matters, including the following:
(a) any offence under the Act or this regulation, the href="http://www.legislation.act.gov.au/a/2004-12" title="A2004-12">Construction Occupations (Licensing) Act 2004
or under a corresponding WHS law of which the applicant has been convicted or found guilty;
Note 1 A conviction does not include a spent conviction (see href="http://www.legislation.act.gov.au/a/2000-48" title="A2000-48">Spent Convictions Act 2000
, s 16 (c) (i)).
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, s 104).
(b) any offence in relation to the unlawful disposal of hazardous waste under the
title="A1997-92">Environment Protection Act 1997or the
title="A2009-34">Dangerous Goods (Road Transport) Act 2009of which the applicant has been convicted or found guilty;
(c) any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;
(d) in relation to any equivalent licence applied for or held by the applicant under the Act or this regulation, the href="http://www.legislation.act.gov.au/a/2004-12" title="A2004-12">Construction Occupations (Licensing) Act 2004
or under a corresponding WHS law—
(i) any refusal to grant the licence; and
(ii) any condition imposed on the licence, if granted; and
(iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;
(e) the record of the applicant in relation to any matters arising under the Act or this regulation, the href="http://www.legislation.act.gov.au/a/2004-12" title="A2004-12">Construction Occupations (Licensing) Act 2004
or under a corresponding WHS law.
(2) For the purposes of section 497 (2) (e) and (f), if the applicant is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subsection (1), in relation to—
(a) the body corporate; and
(b) each officer of the body corporate.