500Matters to be taken into account

500 Matters to be taken into account

(1)  For the purposes of regulation 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 the Environmental Management and Pollution Control Act 1994 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 –

(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;

(e) the record of the applicant in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.

(2)  For the purposes of regulation 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 –

(a) the body corporate; and

(b) each officer of the body corporate.