Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:581
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 581
Character Range: 767546–769387

581  Matters to be taken into account
 (1) For subregulation 580(3), if the operator is an individual, the regulator must have regard to all relevant matters, including the following:
 (a) any offence under:
 (i) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or
 (ii) any corresponding WHS law;
  of which the operator has been convicted or found guilty;
Note: Division 3 of Part VIIC of the Crimes Act 1914 provides that a person is not required to disclose a conviction which is spent in accordance with that Act.
 (b) any enforceable undertaking the operator has entered into under:
 (i) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or
 (ii) any corresponding WHS law;
 (c) in relation to any equivalent licence applied for or held by the operator 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:
 (i) the Act, these Regulations or a former law of the Commonwealth or a State that deals with occupational health and safety; or
 (ii) any corresponding WHS law;
 (e) any advice or recommendations received from any agency of the Commonwealth with responsibility in relation to national security.
 (2) For subregulation 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.