Document ID: chunk:federal_register_of_legislation:C2024C00853:clause:1_39i:p1
Version: federal_register_of_legislation:C2024C00853
Segment Type: clause
Provision Reference: sch 1 cl 39I (pt 1/2)
Character Range: 80390–83322

39I  Disciplinary measures
 (1) The Registrar of Marriage Celebrants may only take disciplinary measures against a marriage celebrant if the Registrar:
 (a) is satisfied that the marriage celebrant is no longer entitled to be registered as a marriage celebrant; or
 (aa) is satisfied that the marriage celebrant is no longer entitled to be identified as a religious marriage celebrant on the register of marriage celebrants; or
 (b) is satisfied that the marriage celebrant has not complied with an obligation under section 39G; or
 (c) has determined in writing under section 39H that the marriage celebrant's performance in respect of a period was not satisfactory; or
 (d) is satisfied that it is appropriate to take disciplinary measures against the marriage celebrant after considering a complaint in accordance with the complaints resolution procedures established under paragraph 39K(c); or
 (e) is satisfied that the marriage celebrant's application for registration was known by the marriage celebrant to be false or misleading in a material particular; or
 (f) is satisfied that the marriage celebrant's notice under section 39DB or paragraph 39DD(2)(b) (notice requesting to be identified as a religious marriage celebrant) was known by the marriage celebrant to be false or misleading in a material particular.
 (2) The only disciplinary measures that the Registrar may take against a marriage celebrant are to:
 (a) caution the marriage celebrant in writing; or
 (b) in accordance with regulations made for the purposes of this paragraph, require the marriage celebrant to undertake professional development activities determined in writing by the Registrar; or
 (c) suspend the marriage celebrant's registration for a period (the suspension period) of up to 6 months by annotating the register of marriage celebrants to include:
 (i) a statement that the registration is suspended; and
 (ii) the dates of the start and end of the suspension period; or
 (d) deregister the marriage celebrant by removing his or her details from the register of marriage celebrants; or
 (e) if the marriage celebrant is identified as a religious marriage celebrant on the register of marriage celebrants:
 (i) remove the identification of the marriage celebrant as a religious marriage celebrant from the register for a period (the suspension period) of up to 6 months by annotating the register of marriage celebrants to include a statement that the celebrant is not identified as a religious marriage celebrant, and the dates of the start and end of the suspension period; or
 (ii) remove the identification of the marriage celebrant as a religious marriage celebrant permanently from the register.
Note: A decision to suspend a marriage celebrant's registration, or to deregister a marriage celebrant, is reviewable under section 39J.
 (3) If the Registrar suspends a marriage celebrant's registration for a particular period, section