(1) Subject to
subregulation (3), the regulator must grant the registration if satisfied
about the matters referred to in subregulation (2).
(2) The regulator must
be satisfied about the following —
(a) the
application has been made in accordance with this Division;
(b) the
item of plant is not registered under a corresponding WHS law;
(c) the
item of plant is —
(i)
located in the State; or
(ii)
located outside the State and circumstances exist that
justify the grant of the registration;
(d) if
the applicant is an individual, the applicant —
(i)
resides in the State; or
(ii)
resides outside the State and circumstances exist that
justify the grant of the registration;
(e) if
the applicant is a body corporate, the applicant’s registered
office —
(i)
is located in the State; or
(ii)
is located outside the State and circumstances exist that
justify the grant of the registration;
(f) the
applicant is able to ensure compliance with any conditions that will apply to
the registration.
(3) The regulator must
refuse to grant a registration if satisfied that, in making the application,
the applicant has —
(a)
given information that is false or misleading in a material particular; or
(b)
failed to give any material information that should have been given.
(4) If the regulator
decides to grant the registration, it must notify the applicant within
14 days after making the decision.
(5) If the regulator
does not make a decision within 120 days after receiving the application
or additional information requested under regulation 268, the regulator
is taken to have refused to grant the registration applied for.
Note for this regulation:
A refusal to grant a
registration (including under subregulation (5)) is a reviewable decision
(see regulation 676).