Document ID: chunk:federal_register_of_legislation:C2012C00836:clause:1_39i
Version: federal_register_of_legislation:C2012C00836
Segment Type: clause
Provision Reference: sch 1 cl 39I
Character Range: 13718–16244

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
 (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.

 (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.

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 39F does not apply in respect of the marriage celebrant during the period.

 (4) If the Registrar decides to take disciplinary measures against a marriage celebrant, the Registrar:
 (a) must give the marriage celebrant written notice of:
 (i) the decision; and
 (ii) the reasons for it; and
 (iii) the disciplinary measure that is being taken; and
 (iv) the marriage celebrant's right under section 39J to apply for review of the decision; and
 (b) may inform the community, in any way the Registrar thinks appropriate, including by electronic means, that the disciplinary measure is being taken against the marriage celebrant.