Queensland Consolidated Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 603

603 Matters to be taken into account

(1) In making a decision under section 602 , the regulator must have regard to the following—

(a) any submissions made by the operator under section 604 ;

(b) any advice received from a corresponding regulator;

(c) any advice or recommendations received from any agency of the State, the Commonwealth or another State with responsibility in relation to national security.

(2) For section 602 (1) (a) and (b) , the regulator may have regard to all relevant matters, including the following—

(a) any relevant WHS conviction of the operator;

(b) any suspension or cancellation of an equivalent licence held by the operator, or any refusal to grant an equivalent licence under a relevant WHS law;

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

(d) the operator’s record in relation to any matters arising under a relevant WHS law.

(3) For section 602 (1) (a) and (b) , if the operator 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.