497Decision on application

497 Decision on application

(1)  Subject to subregulation (3) , the regulator must grant an asbestos removal licence or asbestos assessor licence if satisfied about –

(a) the matters referred to in subregulation (2) ; and

(b) the additional matters referred to in regulation 498 or 499 , as applicable.

(2)  The regulator must be satisfied about the following:

(a) the application has been made in accordance with these regulations;

(b) the applicant does not hold an equivalent licence under a corresponding WHS law unless that licence is due for renewal;

(c) if the applicant is an individual, the applicant –

(i) resides in this State; or

(ii) resides outside this State and circumstances exist that justify the grant of the licence;

(d) if the applicant is a body corporate, the applicant's registered office –

(i) is located in this State; or

(ii) is located outside this State and circumstances exist that justify the grant of the licence;

(e) the applicant is able to ensure that the work or other activities to which the licence relates are carried out safely and competently;

(f) the applicant is able to ensure compliance with any conditions that will apply to the licence.

(3)  The regulator must refuse to grant a licence if satisfied that –

(a) the applicant is disqualified under a corresponding WHS law from holding an equivalent licence; or

(b) the applicant, in making the application, has –

(i) given information that is false or misleading in a material particular; or