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.