South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 500

500—Matters to be taken into account

        (1)         For the purposes of regulation 497(2)(e) and (f), 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 applicant has been convicted or found guilty;

            (b)         any offence in relation to the unlawful disposal of hazardous waste under the Environment Protection Act 1993 or the law of another jurisdiction of which the applicant has been convicted or found guilty;

            (c)         any enforceable undertaking the applicant (or in the case of a body corporate, any officer of the body corporate) has entered into under the Act or a corresponding WHS law;

            (d)         in relation to any equivalent licence applied for or held by the applicant 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;

            (e)         the record of the applicant in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.

        (2)         For the purposes of regulation 497(2)(e) and (f), if the applicant 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.