Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:500
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 500
Character Range: 653621–655241

500  Matters to be taken into account
 (1) For the purposes of paragraphs 497(2)(e) and (f), 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 applicant has been convicted or found guilty;
 (b) any offence in relation to the unlawful disposal of hazardous waste under a law of the Commonwealth, a State or a Territory dealing with environmental protection of which the applicant has been convicted or found guilty;
 (c) any enforceable undertaking the applicant has entered into under the Act or a corresponding WHS law;
 (d) in relation to any equivalent licence applied for or held by the applicant 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;
 (e) the record of the applicant in relation to any matters arising under the Act or these Regulations or under a corresponding WHS law.
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.
 (2) For the purposes of paragraphs 497(2)(e) and (f), if the applicant 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.