Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 581

Matters to be taken into account

  (1)   For subregulation   580(3), if the operator is an individual, 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 operator 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)   any enforceable undertaking the operator 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;

  (c)   in relation to any equivalent licence applied for or held by the operator 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:

  (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;

  (e)   any advice or recommendations received from any agency of the Commonwealth with responsibility in relation to national security.

  (2)   For subregulation   580(3), if the operator is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation   (1), in relation to:

  (a)   the body corporate; and

  (b)   each officer of the body corporate.


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