521Matters taken into account

521 Matters taken into account

521 Matters taken into account

(1) In making a decision under section 520, the regulator must have regard to—

(a) submissions made by the licence holder under section 522, and

(b) advice received from a corresponding regulator.

(2) For section 520(1)(a) and (b), if the licence holder is an individual, 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) an enforceable undertaking the licence holder has entered into under this Act or a corresponding WHS law,

(c) 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 a licence,

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

(3) For section 520(1)(a) and (b), if the licence holder is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subsection (2), in relation to—

(i) the body corporate, and

(ii) each officer of the body corporate.