(1) In making a decision under section 608ZG (3) , if the operator is an individual, the regulator must have regard to all relevant matters, including the following—(a) a relevant WHS conviction of the operator;(b) an enforceable undertaking the operator has entered into under the Act or a relevant WHS law;(c) the suspension or cancellation of an equivalent licence held by the operator, or a refusal to grant an equivalent licence to the operator, under a relevant WHS law;(d) a condition imposed on an equivalent licence held by the operator under a relevant WHS law, and the reason the condition was imposed;(e) the operator’s record in relation to any matters arising under a relevant WHS law.
(2) In making a decision under section 608ZG (3) , if the operator is a body corporate, the regulator must have regard to any relevant matter, including—(a) in relation to the body corporate, the matters mentioned in subsection (1) (b) , (c) , (d) and (e) ; and(b) in relation to each officer of the body corporate, the matters mentioned in subsection (1) .