Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:603
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 603
Character Range: 786749–788823

603  Matters to be taken into account
 (1) In making a decision under regulation 602, the regulator must have regard to the following:
 (a) any submissions made by the operator under regulation 604;
 (b) any advice received from a corresponding regulator;
 (c) any advice or recommendations received from any agency of the Commonwealth with responsibility in relation to national security.
 (2) For paragraphs 602(1)(a) and (b), 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.
 (3) For paragraphs 602(1)(a) and (b), if the operator 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.