105Granting, &c., of permits

105 Granting, &c., of permits

(1)  The Board may, in its absolute discretion, by notice in writing served on the employer grant or refuse to grant a permit to that employer.

(2)  Without limiting its discretion under subsection (1) , the Board shall, before granting or refusing to grant the permit, take into consideration –

(a) [Section 105 Subsection (2) amended by No. 99 of 2000, s. 63, Applied:01 Jul 2001] the employer's financial history; and

(b) the employer's ability to provide the statistical and other information required or likely to be required under this Act; and

(ba) [Section 105 Subsection (2) amended by No. 99 of 2000, s. 63, Applied:01 Jul 2001] the employer's ability to satisfy such prudential standards as the Board determines; and

(bb) [Section 105 Subsection (2) amended by No. 99 of 2000, s. 63, Applied:01 Jul 2001] [Section 105 Subsection (2) amended by No. 85 of 2009, s. 40, Applied:01 Jul 2010] the employer's capacity to comply with Part XI and any regulations or guidelines for the purposes of that Part; and

(bc) [Section 105 Subsection (2) amended by No. 99 of 2000, s. 63, Applied:01 Jul 2001] the employer's commitment to occupational health and safety; and

(c) such other matters as may be prescribed.