603Matters to be taken into account

603 Matters to be taken into account

(1)  In making a decision under regulation 602 , the regulator must have regard to the following:

(a) any submissions made by the operator under regulation 604 ;

(b) any advice received from a corresponding regulator;

(c) any advice or recommendations received from any agency of the Crown with responsibility in relation to national security.

(2)  For the purposes of regulation 602(1)(a) and (b) , if the operator 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 operator has been convicted or found guilty;

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

(c) in relation to a major hazard facility licence applied for or held by the operator 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 the reason the condition was imposed; and

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

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

(3)  For the purposes of regulation 602(1)(a) and (b) , if the operator 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.