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 the purposes of regulation 106(1)(a) , 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 licence holder has been convicted or found guilty;

(b) in relation to any equivalent licence applied for or held by the licence holder under the Act or these regulations or under a corresponding WHS law –

(i) any refusal to grant the licence; and

(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;

(c) any enforceable undertaking the licence holder has entered into under the Act or a corresponding WHS law;

(d) the licence holder's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.