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COMMONWEALTHAct
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s 89

Circumstances in which the CEO must cancel appointment of nominees

In force
Chapter 4Administration
Part 5Nominees
Division 2Appointment and cancellation or suspension of appointment

89 Circumstances in which the CEO must cancel appointment of nominees

At the request of a participant

(1)

If:

(a)

a person is appointed as a nominee of a participant under section 86 or 87 at the request of the participant; and

(b)

the participant requests the CEO to cancel the appointment;

the CEO must cancel the appointment by written instrument:

(c)

within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph; or

(d)

if there are no such rules—as soon as reasonably practicable.

(2)

A request under paragraph (1)(b) need not be made in writing. If the request is not made in writing, the CEO must make a written record of the request.

Nominee no longer wishes to be a nominee

(3)

If:

(a)

a person is appointed as a nominee of a participant under section 86 or 87; and

(b)

the person informs the CEO in writing that the person no longer wishes to be a nominee under that appointment;

the CEO must cancel the appointment by written instrument:

(c)

within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph; or

(d)

if there are no such rules—as soon as reasonably practicable.

Copy of instrument of cancellation to be given

(4)

If the appointment of a person as a nominee of a participant is cancelled under this section, the CEO must give the person and participant a copy of the instrument of cancellation.

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