Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 107

Matters taken into account

  (1)   In making a decision under regulation   106, the regulator must have regard to:

  (a)   any submissions made by the licence holder under regulation   108; and

  (b)   any advice received from a corresponding regulator.

  (2)   For paragraph   106(1)(a), the regulator must have regard to all relevant matters, including the following:

  (a)   any offence under:

  (i)   the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

  (ii)   any corresponding WHS law;

    of which the licence holder has been convicted or found guilty

Note:   Division   3 of Part   VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.

  (b)   in relation to any equivalent licence applied for or held by the licence holder under a corresponding WHS law:

  (i)   any refusal to grant the licence; and

  (ii)   any conditions 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 licence holder has entered into under:

  (i)   the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

  (ii)   any corresponding WHS law;

  (d)   the licence holder's record in relation to any matters arising under:

  (i)   the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or

  (ii)   any corresponding WHS law;


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