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COMMONWEALTHAct
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s 82

Compliance by correspondence nominee

In force
Chapter 4Administration
Part 5Nominees
Division 1Functions and responsibilities of nominees

82 Compliance by correspondence nominee

(1)

If, under section 81, a notice is given to a participant’s correspondence nominee, the following paragraphs have effect:

(a)

for the purposes of this Act, other than this Part, the notice is taken:

(i)

to have been given to the participant; and

(ii)

to have been so given on the day the notice was given to the correspondence nominee;

(b)

any requirement made of the participant to:

(i)

inform the CEO of a matter; or

(ii)

give information, or produce a document, to an Agency officer;

may be satisfied by the correspondence nominee;

(c)

any act done by the correspondence nominee for the purposes of satisfying such a requirement has effect, for the purposes of this Act, as if it had been done by the participant;

(d)

if the correspondence nominee fails to satisfy such a requirement, the participant is taken, for the purposes of this Act, to have failed to comply with the requirement.

(2)

To avoid doubt, for the purposes of this Act, the participant is taken to have complied with a requirement if:

(a)

the requirement imposes an obligation on the participant to inform the CEO of a matter, or give information or produce a document, within a specified period; and

(b)

the correspondence nominee does so within that period.

(3)

To avoid doubt, for the purposes of this Act, the participant is taken not to have complied with a requirement if:

(a)

the requirement imposes an obligation on the participant to inform the CEO of a matter, or give information or produce a document, within a specified period; and

(b)

the correspondence nominee does not do so within that period.

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