(1) This section applies to an application for a major hazard facility licence.
(2) The application must include the following information:
(a) the operator's name;
(b) whether or not the operator is a body corporate;
(c) if the operator conducts the business or undertaking under a business name—that business name and a certificate or other written evidence of the registration of the business name;
(d) any other evidence of the operator's identity required by the regulator;
(e) the safety case prepared under division 9.3.4 (Determined major hazard facility—safety case);
(f) if the operator is an individual—
(i) a declaration as to whether or not the operator has ever been convicted or found guilty of any offence under the Act or this regulation or under any corresponding WHS law; and
Note 1 Found guilty —see the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, dictionary, pt 1.
Note 2 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)).
(ii) details of any conviction or finding of guilt declared under subparagraph (i); and
(iii) a declaration as to whether or not the operator has ever entered into an enforceable undertaking under the Act or under any corresponding WHS law; and
(iv) details of any enforceable undertaking declared under subparagraph (iii); and
(v) if the operator has previously been refused a major hazard facility licence under a corresponding WHS law, a declaration giving details of that refusal; and
(vi) if the operator has previously held a major hazard facility licence under the Act or this regulation or under a corresponding WHS law, a declaration—
(A) describing any condition imposed on that licence; and
(B) stating whether or not that licence had been suspended or cancelled and, if so, whether or not the operator had been disqualified from applying for a major hazard facility licence; and
(C) giving details of any suspension, cancellation or disqualification;
(g) if the operator is a body corporate, the information referred to in paragraph (f) in relation to—
(i) the operator; and
(ii) each officer of the operator.
Note 1 A fee may be determined under the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act
, s 278 for this provision.
Note 2 If a form is approved under the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act
, s 277 for this provision, the form must be used.
Note 3 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see
title="A2002-51">Criminal Code, pt 3.4).