Document ID: chunk:federal_register_of_legislation:C2024C00853:clause:1_33
Version: federal_register_of_legislation:C2024C00853
Segment Type: clause
Provision Reference: sch 1 cl 33
Character Range: 49219–51554

33  Removal from register
 (1) Subject to this section, a Registrar shall remove the name of a person from the register kept by that Registrar if he or she is satisfied that:
 (a) that person has requested that his or her name be so removed;
 (b) that person has died;
 (c) the denomination by which that person was nominated for registration, or in respect of which that person is registered, no longer desires that that person be registered under this Subdivision or has ceased to be a recognised denomination;
 (d) that person:
 (i) has been guilty of such contraventions of this Act or the regulations as to show him or her not to be a fit and proper person to be registered under this Subdivision;
 (ii) has been making a business of solemnising marriages for the purpose of profit or gain; or
 (iii) is not a fit and proper person to solemnise marriages; or
 (e) that person is, for any other reason, not entitled to registration under this Subdivision.
 (2) A Registrar shall not remove the name of a person from a register under this section on a ground specified in paragraph (1)(d) or (e) unless:
 (a) the Registrar has, in accordance with the regulations, served on the person a notice in writing:
 (i) stating the Registrar's intention to do so on that ground unless, not later than a date specified in the notice and being not less than 21 days from the date of service of the notice, the person satisfies the Registrar that the person's name should not be removed from the register; and
 (ii) informing the person that any representations made to the Registrar before that date will be considered by the Registrar;
 (b) the Registrar has considered any representations made by the person before the date specified in the notice; and
 (c) the removal takes place within 14 days after the date specified in the notice.
 (3) Where notice is served on a person under subsection (2), that person shall not solemnise a marriage unless and until:
 (a) the person is notified by the Registrar that the Registrar has decided not to remove the person's name from the register;
 (b) a period of 14 days has elapsed from the date specified in the notice under subsection (2) and the person's name has not been removed from the register; or
 (c) the person's name, having been removed from the register, is restored to the register.