Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 521

521 Matters taken into account

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

(a) any submissions made by the licence holder under section 522 ; and

(b) any advice received from a corresponding regulator.

(2) For section 520 (1) (a) and (b) , the regulator must have regard to all relevant matters, including the following—

(a) any relevant WHS conviction of the licence holder;

(b) any of the following acts under a relevant WHS law—

(i) the suspension or cancellation of an equivalent licence held by the licence holder;

(ii) a refusal to grant an equivalent licence to the licence holder;

(iii) the imposition of any condition on an equivalent licence held by the licence holder;

(c) any enforceable undertaking the licence holder has entered into under a relevant WHS law;

(d) the record of the licence holder in relation to any matters arising under a relevant WHS law.

(3) For section 520 (1) (a) and (b) , if the licence holder is a body corporate, the regulator must have regard to all relevant matters, including matters referred to in subsection (2) , in relation to—

(a) the body corporate; and

(b) each officer of the body corporate.