Work Health and Safety Regulation 2011

In making a decision under section 520, the regulator must have regard to—

any submissions made by the licence-holder under section 522; and

any advice received from a corresponding regulator.

For the purposes of section 520 (1) (a) and (b), if the licence-holder is an individual, the regulator must have regard to all relevant matters, including the following:

any offence under the Act or this regulation, the Construction Occupations (Licensing) Act 2004 or under a corresponding WHS law, of which the licence-holder has been convicted or found guilty;

any enforceable undertaking the licence-holder has entered into under the Act or this regulation, the Construction Occupations (Licensing) Act 2004 or a corresponding WHS law;

in relation to any equivalent licence applied for or held by the licence-holder under the Act or this regulation, the Construction Occupations (Licensing) Act 2004 or under a corresponding WHS law—

any refusal to grant the licence; and

any condition imposed on the licence, if granted; and

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

the record of the licence-holder in relation to any matters arising under the Act or this regulation, the Construction Occupations (Licensing) Act 2004 or under a corresponding WHS law.

For the purposes of section 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 subsection (2), in relation to—

the body corporate; and

each officer of the body corporate.