107Matters taken into account

107 Matters taken into account

107 Matters taken into account

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

(a) submissions made by the licence holder under section 108, and

(b) advice received from a corresponding regulator.

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

(a) an offence under the Act or this regulation or under a corresponding WHS law, of which the licence holder has been convicted or found guilty,

(b) in relation to an equivalent licence applied for or held by the licence holder under the Act or this regulation or under a corresponding WHS law—

(i) a refusal to grant the licence, and

(ii) a condition imposed on the licence, if granted, and

(iii) a suspension or cancellation of the licence, if granted, including a disqualification from applying for any licence,

(c) an enforceable undertaking the licence holder has entered into under the Act or a corresponding WHS law,

(d) the licence holder’s record in relation to matters arising under the Act or this regulation or under a corresponding WHS law.