521Matters taken into account

521 Matters taken into account

(1)  In making a decision under regulation 520 , the regulator must have regard to –

(a) any submissions made by the licence holder under regulation 522 ; and

(b) any advice received from a corresponding regulator.

(2)  For the purposes of regulation 520(1)(a) and (b) , if the licence holder is an individual, 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) any enforceable undertaking the licence holder has entered into under the Act or a corresponding WHS law;

(c) 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;

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

(3)  For the purposes of regulation 520(1)(a) and (b) , if the licence holder is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (2) , in relation to –

(a) the body corporate; and

(b) each officer of the body corporate.