Provisions relating to appointments
51 Provisions relating to appointments
The Secretary must not appoint a person as a nominee of a participant under section 50 except:
with the written consent of the appointee; and
after taking into consideration the preferences (if any) of the participant regarding the making of the appointment.
In appointing a person as a nominee of a participant under section 50, the Secretary must consider whether the person is able to comply with section 46.
In appointing a nominee of a participant under section 50, the Secretary must have regard to whether there is a person who, under a law of the Commonwealth, a State or a Territory:
has guardianship of the person; or
is a person appointed by a court, tribunal, board or panel (however described) who has power to make decisions for the participant and whose responsibilities in relation to the participant are relevant to the duties of a nominee.
The Secretary must cause a copy of an appointment under section 50 to be given to:
the nominee; and
the participant.
The rules may prescribe:
persons who must not be appointed as nominees; and
criteria the Secretary is to apply or matters to which the Secretary is to have regard in considering the appointment of a nominee.
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