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Work Health and Safety Regulations 2011
500Matters to be taken into account
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500 Matters to be taken into account
(1) For the purposes of paragraphs 497(2)(e) and (f), the regulator must have regard to all relevant matters, including the following:
(a) any offence under the Act or these Regulations or under a corresponding WHS law of which the applicant has been convicted or found guilty;
(b) any offence in relation to the unlawful disposal of hazardous waste under a law of the Commonwealth, a State or a Territory dealing with environmental protection of which the applicant has been convicted or found guilty;
(c) any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;
(d) in relation to any equivalent licence applied for or held by the applicant under the Act or these Regulations or under a corresponding WHS law:
(ii) any condition 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;
(e) the record of the applicant in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.
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.
(2) For the purposes of paragraphs 497(2)(e) and (f), if the applicant is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (1), in relation to: