603Matters to be taken into account

603 Matters to be taken into account

603 Matters to be taken into account

(1) In making a decision under section 602, the regulator must have regard to the following—

(a) submissions made by the operator under section 604,

(b) advice received from a corresponding regulator,

(c) advice or recommendations received from an agency of the Crown with responsibility in relation to national security.

(2) For section 602(1)(a) and (b), if the operator 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 operator has been convicted or found guilty,

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

(c) in relation to a major hazard facility licence applied for or held by the operator 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 the reason the condition was imposed, and

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

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

(3) For section 602(1)(a) and (b), if the operator is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subsection (2), in relation to—

(a) the body corporate, and

(b) each officer of the body corporate.