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COMMONWEALTHAct
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s 49

Nominee to inform Secretary of matters affecting ability to act as nominee

In force
Part 4Nominees
Division 2Functions and responsibilities of nominee

49 Nominee to inform Secretary of matters affecting ability to act as nominee

(1)

The Secretary may give a nominee of a participant a written notice that requires the nominee to inform the Secretary if:

(a)

either:

(i)

an event or change of circumstances happens; or

(ii)

the nominee becomes aware that an event or change of circumstances is likely to happen; and

(b)

the event or change of circumstances is likely to affect:

(i)

the ability of the nominee to act as the nominee of the participant; or

(ii)

the ability of the Secretary to give notices to the nominee under this Act; or

(iii)

the ability of the nominee to comply with notices given to the nominee by the Secretary under this Act.

(2)

A notice under subsection (1) must specify:

(a)

how the nominee is to inform the Secretary; and

(b)

the period within which the nominee is to inform the Secretary, which must be a period of at least 14 days starting on whichever of the following days is applicable:

(i)

the day on which the event or change of circumstances happens;

(ii)

the day on which the nominee becomes aware that the event or change of circumstances is likely to happen.

(3)

A notice under subsection (1) is not ineffective only because it does not comply with paragraph (2)(a).

(4)

This section extends to:

(a)

acts, omissions, matters and things outside Australia, whether or not in a foreign country; and

(b)

all persons, irrespective of their nationality or citizenship.

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