Northern Territory Numbered Regulations

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 107

Matters taken into account

    (1)     In making a decision under regulation 106, the regulator must have regard to:

(a)     any submissions made by the licence holder under regulation 108; and

(b)     any advice received from a corresponding regulator.

    (2)     For the purposes of regulation 106(1)(a), 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)     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;

(c)     any enforceable undertaking the licence holder has entered into under the Act or a corresponding WHS law;

(d)     the licence holder's record in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.



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