Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:90
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 90
Character Range: 207925–209258

90  Matters to be taken into account
  For paragraph 89(2)(f), 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 applicant 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 applicant:
 (i) any refusal to grant the licence; and
 (ii) any condition imposed in 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 applicant 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 applicant'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;