8Removal from membership—the Act, s 135

#### 8 Removal from membership—the Act, s 135 8 Removal from membership—the Act, s 135 > > (1) The responsible authority for a rural fire brigade must remove the name of a person from the brigade register for the brigade if the person— > > > > > (a) dies, or > > > > > (b) applies in writing to have the person’s name removed from the brigade register. > > > (2) The responsible authority for a rural fire brigade may remove the name of a person from the brigade register for the brigade if the person— > > > > > (a) is found to have committed a breach of discipline under section 10, or > > > > > (b) becomes a mentally incapacitated person, or > > > > > (c) is convicted— > > > > > > > (i) in New South Wales of an offence punishable by imprisonment of 12 months or more, or > > > > > > > (ii) elsewhere than New South Wales of an offence that, if committed in New South Wales, would be punishable by imprisonment for 12 months or more, or > > > > > (d) in the opinion of the responsible authority, is no longer a fit and proper person to be a member of the brigade. > > > (3) Without limiting the generality of subsection (2)(d), the responsible authority may form an opinion that a person is no longer a fit and proper person to be a member of the rural fire brigade if— > > > > > (a) the person is listed on the brigade register for the brigade but has ceased to be an active member of the brigade for a period of 12 months or more, or > > > > > (b) the person has not paid the person’s annual subscription fee in accordance with the constitution of the brigade. > > > (4) The responsible authority must give notice to the person before removing the person’s name from the brigade register under subsection (2)(b), (c) or (d). > > > (5) Subject to section 9(4), the person’s name may only be removed 21 days after the notice is given.