Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 90

Matters to be taken into account

For the purposes of section 89 (2) (f), 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 applicant has been convicted or found guilty;

Note     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)     in relation to any equivalent licence applied for or held by the applicant 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

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

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

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



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