(1) In making a
decision under regulation 520, the regulator must have regard
to —
(a) any
submissions made by the licence holder under regulation 522; and
(b) any
advice received from a corresponding regulator.
(2) For the purposes
of regulation 520(1)(a) and (b), if the licence holder 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 licence holder has been convicted or found guilty;
(b) any
enforceable undertaking the licence holder has entered into under the Act or a
corresponding WHS law;
(c) in
relation to any equivalent licence applied for or held by the licence holder
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
(iii)
any suspension or cancellation of the licence, if
granted, including any disqualification from applying for any licence;
(d) the
record of the licence holder in relation to any matters arising under the Act
or these regulations or under a corresponding WHS law.
(3) For the purposes
of regulation 520(1)(a) and (b), if the licence holder is a body
corporate, the regulator must have regard to all relevant matters, including
the matters referred to in subregulation (2), in relation to —
(a) the
body corporate; and
(b) each
officer of the body corporate.