Dangerous Substances Act 2004

The work health and safety commissioner must have regard to the following matters in deciding whether a person is a suitable person to be issued with, or continue to hold, a licence:

the knowledge, experience and training of the person in relation to the kinds of dangerous substances to which the application relates;

whether the person or a close associate of the person, or a corporation of which the person was at the relevant time an executive officer, has supplied information or a document that is false or misleading in a material particular in relation to this Act;

whether the person or a close associate of the person, or a corporation of which the person was an executive officer, is disqualified under the Act or a corresponding law from holding a licence;

whether the person or a close associate of the person, or a corporation of which the person was at the relevant time an executive officer—

has contravened this Act or a corresponding law, whether or not the person, associate or corporation has been convicted or found guilty of an offence for the contravention; or

has failed to comply with a condition of a licence under this Act or a licence or other authority (however described) under a corresponding law, whether or not the person, associate or corporation has been convicted or found guilty of an offence for the failure;

any action being taken against the person or a close associate of the person under part 4.4 (Disciplinary action);

whether the person or a close associate of the person, or a corporation of which the person was at the relevant time an executive officer, has been convicted or found guilty in the ACT or elsewhere, within the 5-year period before the day the application is made, of an offence involving a dangerous substance;

whether the person or a close associate of the person has been convicted or found guilty in the ACT or elsewhere, within the 5-year period before the day the application is made, of an offence involving—

a firearm; or

actual or threatened violence; or

fraud or dishonesty;

whether the person or a close associate of the person has, within the 5-year period before the day the application is made, been subject to a protection order or corresponding protection order (other than an order that has been revoked or for which an appeal against the making of the order has been upheld);

anything prescribed by regulation.

Note 1 For the meaning of found guilty, see the Legislation Act, dict, pt 1.

Note 2 A reference to an Act includes a reference to statutory instruments made or in force under the Act, including any regulation and any law or instrument applied, adopted or incorporated by the Act (see Legislation Act, s 104).

In this section:

corresponding protection order means an order (however described) under a law of the Commonwealth, a State, another Territory or New Zealand that has the same effect or substantially the same effect as a protection order.

protection order means a final order under—

the Family Violence Act 2016; or

the Personal Violence Act 2016.