135Matters to be taken into account

135 Matters to be taken into account

135 Matters to be taken into account

(1) In making a decision under section 133, the regulator must have regard to—

(a) submissions made by the accredited assessor under section 136, and

(b) advice received from a corresponding regulator.

(2) For section 134(1)(b) and (c), 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 accredited assessor has been convicted or found guilty,

(b) an enforceable undertaking the accredited assessor has entered into under the Act or a corresponding WHS law,

(c) in relation to an equivalent accreditation applied for or held by the accredited assessor under the Act or this regulation or under a corresponding WHS law—

(i) a refusal to grant the accreditation, and

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

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

(d) the suspension of a high risk work licence held by the accredited assessor under the Act or this regulation or under a corresponding WHS law,

(e) the accredited assessor’s record in relation to matters arising under the Act or this regulation or under a corresponding WHS law.