Document ID: chunk:federal_register_of_legislation:C2024C00853:clause:1_39j
Version: federal_register_of_legislation:C2024C00853
Segment Type: clause
Provision Reference: sch 1 cl 39J
Character Range: 84234–86472

39J  Review of decisions
 (1) An application may be made to the Administrative Review Tribunal for a review of a decision of the Registrar of Marriage Celebrants:
 (a) not to register a person as a marriage celebrant; or
 (b) to suspend a person's registration as a marriage celebrant; or
 (c) to deregister a marriage celebrant (including under section 39FB); or
 (d) not to identify a person as a religious marriage celebrant on the register of marriage celebrants; or
 (e) to remove the identification of a person as a religious marriage celebrant from the register of marriage celebrants, either for a specified period or permanently.
 (2) For the purposes of both the making of an application under subsection (1) and the operation of the Administrative Review Tribunal Act 2024 in relation to such an application, if:
 (a) a person has made application for registration as a marriage celebrant (see subsection 39D(1A)); and
 (b) at the end of 6 months after the day on which the application was made, the person has not been:
 (i) registered; or
 (ii) notified by the Registrar that that person's application has been refused;
the Registrar is taken to have decided, on the last day of the 6 month period, not to register that person as a marriage celebrant.
 (2A) For the purposes of both the making of an application under subsection (1) and the operation of the Administrative Review Tribunal Act 2024 in relation to such an application, if:
 (a) a person has given notice under section 39DB or paragraph 39DD(2)(b) (notice requesting to be identified as a religious marriage celebrant); and
 (b) at the end of 6 months after the day on which the notice was given, the person has not been:
 (i) identified as a religious marriage celebrant on the register of marriage celebrants; or
 (ii) notified by the Registrar that the Registrar has decided not to identify the person as a religious marriage celebrant on the register of marriage celebrants;
the Registrar is taken to have decided, on the last day of the 6 month period, not to identify that person as a religious marriage celebrant on the register of marriage celebrants.
 (3) The Registrar must take such action as is necessary to give effect to the Tribunal's decision.