107Matters taken into account

107  Matters taken into account  (1) In making a decision under regulation 106, the regulator must have regard to:  (a) any submissions made by the licence holder under regulation 108; and  (b) any advice received from a corresponding regulator.  (2) For paragraph 106(1)(a), the regulator must have regard to all relevant matters, including the following:  (i) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or   of which the licence holder has been convicted or found guilty Note: Division 3 of Part VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.  (b) in relation to any equivalent licence applied for or held by the licence holder under a corresponding WHS law:  (ii) any conditions imposed on the licence, if granted; and  (iii) any suspension or cancellation of the licence, if granted, including any disqualification from applying for any licence;  (c) any enforceable undertaking the licence holder has entered into under:  (i) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or  (d) the licence holder’s record in relation to any matters arising under:  (i) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or