Work Health and Safety Regulations 2022
90Matters to be taken into account
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90 Matters to be taken into account
For the purposes of regulation 89(2)(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) 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;
(c) any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;
(d) the applicant's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law.