135Matters to be taken into account

135 Matters to be taken into account

(1)  In making a decision under regulation 133 , the regulator must have regard to –

(a) any submissions made by the accredited assessor under regulation 136 ; and

(b) any advice received from a corresponding regulator.

(2)  For the purposes of regulation 134(1)(b) and (c) , 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 accredited assessor has been convicted or found guilty;

(b) any enforceable undertaking the accredited assessor has entered into under the Act or a corresponding WHS law;

(c) in relation to any equivalent accreditation applied for or held by the accredited assessor under the Act or these regulations or under a corresponding WHS law –

(i) any refusal to grant the accreditation; and

(ii) any condition imposed on the accreditation, if granted; and

(iii) any suspension or cancellation of the accreditation, if granted, including any disqualification from applying for any accreditation;

(d) any suspension of a high risk work licence held by the accredited assessor under the Act or these regulations or under a corresponding WHS law;

(e) the accredited assessor's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.