South Australian Current Regulations

WORK HEALTH AND SAFETY REGULATIONS 2012 - REG 581

581—Matters to be taken into account

        (1)         For the purposes of regulation 580(3), if the operator is an individual, the regulator must have regard to all relevant matters, including the following:

            (a)         any offence under the Act or these regulations or under a corresponding WHS law of which the operator has been convicted or found guilty;

            (b)         any enforceable undertaking the operator has entered into under the Act or under a corresponding WHS law;

            (c)         in relation to a major hazard facility licence applied for or held by the operator under the Act or these regulations or under a corresponding WHS law—

                  (i)         any refusal to grant the licence; and

                  (ii)         any condition imposed on the licence, if granted, and the reason the condition was imposed; and

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

            (d)         the operator's record in relation to any matters arising under the Act or these regulations or under a corresponding WHS law;

            (e)         any advice or recommendations received from any agency of the Crown with responsibility in relation to national security.

        (2)         For the purposes of regulation 580(3), if the operator is a body corporate, the regulator must have regard to all relevant matters, including the matters referred to in subregulation (1), in relation to—

            (a)         the body corporate; and

            (b)         each officer of the body corporate.