Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:521
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 521
Character Range: 674011–675680

521  Matters taken into account
 (1) In making a decision under regulation 520, the regulator must have regard to:
 (a) any submissions made by the licence holder under regulation 522; and
 (b) any advice received from a corresponding regulator.
 (2) For the purposes of paragraphs 520(1)(a) and (b), if the licence holder is an individual, 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 licence holder has been convicted or found guilty;
 (b) any enforceable undertaking the licence holder has entered into under this Act or a corresponding WHS law;
 (c) in relation to any equivalent licence applied for or held by the licence holder 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;
 (d) the record of the licence holder 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.
 (3) For the purposes of paragraphs 520(1)(a) and (b), if the licence holder 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.