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s 87

Nominee to inform the Operator of matters affecting ability to act as nominee

In force
Chapter 4Administrative matters
Part 4‑2Nominees
Division 3Duties, functions and responsibilities of nominees

87 Nominee to inform the Operator of matters affecting ability to act as nominee

(1)

The Operator may give a nominee of a person a notice that requires the nominee to inform the Operator 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 assistance nominee or legal nominee of the person; or

(ii)

the ability of the Operator 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 Operator under this Act.

(2)

A notice under subsection (1):

(a)

must be in writing; and

(b)

must specify how, and the period within which, the nominee is to inform the Operator.

(3)

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

(4)

The period specified under paragraph (2)(b) must not end earlier than 14 days after:

(a)

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

(b)

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

(5)

Subsection (4) does not apply to a requirement in a notice for a nominee to inform the Operator of any proposal by the nominee to leave Australia.

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Section 87 — Nominee to inform the Operator of matters affecting ability to act as nominee — National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Commonwealth) — Barrister AI