Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 521

Matters taken into account

  (1)   In making a decision under regulation   520, the regulator must have regard to:

  (a)   any submissions made by the licence holder under regulation   522; and

  (b)   any advice received from a corresponding regulator.

  (2)   For the purposes of paragraphs   520(1)(a) and (b), if the licence holder is an individual, the regulator must have regard to all relevant matters, including the following:

  (a)   any offence under the Act or these Regulations or under a corresponding WHS law, of which the licence holder has been convicted or found guilty;

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

  (c)   in relation to any equivalent licence applied for or held by the licence holder under the Act or these Regulations 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;

  (d)   the record of the licence holder in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.

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.

  (3)   For the purposes of paragraphs   520(1)(a) and (b), if the licence holder is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation   (2), in relation to:

  (a)   the body corporate; and

  (b)   each officer of the body corporate.


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