General circumstances in which Secretary may cancel or suspend appointment of nominees
53 General circumstances in which Secretary may cancel or suspend appointment of nominees
At the request of a participant
If:
a person is appointed as a nominee of a participant under section 50 on the initiative of the Secretary; and
the participant requests the Secretary to cancel the appointment;
the Secretary may, by written instrument, cancel the appointment.
A request under paragraph (1)(b) need not be made in writing. If the request is not made in writing, the Secretary must make a written record of the request.
If a request is made under paragraph (1)(b):
the Secretary must decide whether to cancel the appointment within 14 days after receiving the request; and
if the Secretary decides not to cancel the appointment—the Secretary must give the person and participant written notice of the Secretary’s decision.
Ability to act as a nominee affected
The Secretary may, by written instrument, suspend or cancel one or more of a nominee’s appointments if:
the Secretary gives the nominee a notice under section 49; and
in response to the notice, the nominee informs the Secretary that an event or change of circumstances has happened or is likely to happen; and
having regard to that response, the Secretary is satisfied that it is appropriate to do so.
Failure to comply with a notice under section 49
The Secretary may, by written instrument, suspend or cancel one or more of a nominee’s appointments if:
the Secretary gives the nominee a notice under section 49; and
the nominee does not comply with a requirement specified in the notice.
Copy of instrument of cancellation or suspension to be given
If the appointment of a person as a nominee of a participant is cancelled or suspended under this section, the Secretary must give the person and participant a copy of the instrument of cancellation or suspension.
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