Tasmanian Numbered Acts

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CHIROPRACTORS AND OSTEOPATHS REGISTRATION ACT 1997 (NO. 48 OF 1997) - SECT 36

Removal from register
(1)  Subject to subsection (2)  –
(a) the Board may remove from a register the name of a person who –
(i) contravenes a condition subject to which the person is registered; or
(ii) fails to pay, within the time specified for payment, a fine imposed on the person under section 47(1)(c) ; or
(iii) fails to comply with a requirement made of that person under section 47(1)(e) ; or
(iv) fails to honour an undertaking given to the Board; and
(b) the Board must remove from a register the name of a person –
(i) who dies; or
(ii) who requests the Board to remove his or her name from that register; or
(iii) in respect of whom the Board has made a decision under section 47(1)(a) which has taken effect; or
(iv) who ceases to be registered by virtue of section 35(8) ; or
(v) who ceases to be registered by virtue of section 35(9) ; or
(vi) who is no longer entitled to be registered; or
(vii) whose authority to practise under a foreign practitioners law has been cancelled for a reason relating to the person's professional conduct or physical or mental capacity; or
(viii) who has been registered by reason of a false or misleading statement or declaration.
(2)  The Board must not remove a person's name from the register under subsection (1)(a) or (1)(b)(vi) , (vii) or (viii) without first affording that person a reasonable opportunity to be heard.
(3)  If the Board removes a living person's name from the register it must, except in a case to which subsection (1)(b)(iii) applies, immediately serve on the person notice of the removal.
(4)  The notice is –
(a) except in a case to which subsection (1)(b)(ii) applies – to specify the reasons for the removal; and
(b) except in a case to which subsection (1)(b)(ii) , (iii) or (iv) applies – to inform the person of his or her right of appeal.
(5)  A person ceases to be a registered practitioner when service of the notice is effected.
(6)  If the Board removes a person's name from a register it may require that a specified period must elapse or that a specified condition must be fulfilled before the person may apply for registration.



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