Northern Territory Numbered Regulations

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WORK HEALTH AND SAFETY (NATIONAL UNIFORM LEGISLATION) REGULATIONS (NO 59 OF 2011) - REG 135

Matters to be taken into account

    (1)     In making a decision under regulation 133, the regulator must have regard to:

(a)     any submissions made by the accredited assessor under regulation 136; and

(b)     any advice received from a corresponding regulator.

    (2)     For the purposes of regulation 134(1)(b) and (c), 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 accredited assessor has been convicted or found guilty;

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

(c)     in relation to any equivalent accreditation applied for or held by the accredited assessor under the Act or these Regulations or under a corresponding WHS law:

(i)     any refusal to grant the accreditation; and

(ii)     any condition imposed on the accreditation, if granted; and

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

(d)     any suspension of a high risk work licence held by the accredited assessor under the Act or these Regulations or under a corresponding WHS law;

(e)     the accredited assessor's record in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.



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