Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 603

    (1)     In making a decision under section 602 (Suspension or cancellation of licence—on regulator's initiative), the regulator must have regard to the following:

        (a)     any submissions made by the operator under section 604 (Notice to and submissions by operator);

        (b)     any advice received from a corresponding regulator;

        (c)     any advice or recommendations received from any territory or Commonwealth agency with responsibility in relation to national security.

    (2)     For the purposes of section 602 (1) (a) and (b) (Suspension or cancellation of licence—on regulator's initiative), if the operator is an individual, the regulator must have regard to all relevant matters, including the following:

        (a)     any offence under the Act or this regulation or under a corresponding WHS law, of which the operator has been convicted or found guilty;

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)).

        (b)     any enforceable undertaking the operator has entered into under the Act or a corresponding WHS law;

        (c)     in relation to a major hazard facility licence applied for or held by the operator under the Act or this regulation or under a corresponding WHS law—

              (i)     any refusal to grant the licence; and

              (ii)     any condition imposed on the licence, if granted, and the reason the condition was imposed; and

              (iii)     any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;

        (d)     the operator's record in relation to any matters arising under the Act or this regulation or under a corresponding WHS law.

    (3)     For the purposes of section 602 (1) (a) and (b) (Suspension or cancellation of licence—on regulator's initiative), if the operator is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subsection (2), in relation to—

        (a)     the body corporate; and

        (b)     each officer of the body corporate.