49Working out whether person is a suitable person

49 Working out whether person is a suitable person (1) The work health and safety commissioner must have regard to the following matters in deciding whether a person is a suitable person to be issued with, or continue to hold, a licence: (a) the knowledge, experience and training of the person in relation to the kinds of dangerous substances to which the application relates; (b) whether the person or a close associate of the person, or a executive officer, has supplied information or a document that is false or misleading in a material particular in relation to this Act; (c) whether the person or a close associate of the person, or a corporation of which the person was an executive officer, is disqualified under the Act or a corresponding law from holding a licence;

(d) whether the person or a close associate of the person, or a executive officer— (i) has contravened this Act or a corresponding law, whether or not the person, associate or corporation has been convicted or found guilty of an offence for the contravention; or (ii) has failed to comply with a condition of a licence under this Act or a licence or other authority (however described) under a corresponding law, whether or not the person, associate or corporation has been convicted or found guilty of an offence for the failure; (e) any action being taken against the person or a close associate of the person under part 4.4 (Disciplinary action); (f) whether the person or a close associate of the person, or a executive officer, has been convicted or found guilty in the ACT or elsewhere, within the 5-year period before the day the application is made, of an offence involving a dangerous substance; (g) whether the person or a close associate of the person has been convicted or found guilty in the ACT or elsewhere, within the 5- year period before the day the application is made, of an offence involving— (i) a firearm; or (ii) actual or threatened violence; or (iii) fraud or dishonesty;

(h) whether the person or a close associate of the person has, within the 5-year period before the day the application is made, been subject to a protection order or corresponding protection order (other than an order that has been revoked or for which an appeal against the making of the order has been upheld); (i) anything prescribed by regulation. Note 1 For the meaning of found guilty, see the Legislation Act, dict, pt 1. corresponding protection order means an order (however described) under a law of the Commonwealth, a State, another Territory or New Zealand that has the same effect or substantially the same effect as a protection order. protection order means a final order under— (a) the Family Violence Act 2016; or (b) the Personal Violence Act 2016.