Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:107
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 107
Character Range: 222750–224346

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 paragraph 106(1)(a), 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 licence holder 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) in relation to any equivalent licence applied for or held by the licence holder under a corresponding WHS law:
 (i) any refusal to grant the licence; and
 (ii) any conditions 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:
 (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;
 (d) the licence holder'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;