Nominee to inform Department of matters affecting ability to act as nominee
288 Nominee to inform Department of matters affecting ability to act as nominee
The Secretary may give a nominee of a person a notice that requires the nominee to inform the Department if:
either:
an event or change of circumstances happens; or
the nominee becomes aware that an event or change of circumstances is likely to happen; and
the event or change of circumstances is likely to affect:
the ability of the nominee to act as the payment nominee or correspondence nominee of the person (as the case may be); or
the ability of the Secretary to give notices to the nominee under this Act; or
the ability of the nominee to comply with notices given to the nominee by the Secretary under this Act.
A notice under subsection (1):
must be in writing; and
may be given personally or by post or by any other means approved by the Secretary; and
must specify how the nominee is to give the information to the Department; and
must specify the period within which the nominee is to give the information to the Department.
A notice under subsection (1) is not ineffective just because it does not comply with paragraph (2)(c).
The period specified under paragraph (2)(d) must not end earlier than 14 days after:
the day on which the event or change of circumstances happens; or
the day on which the nominee becomes aware that the event or change of circumstances is likely to happen.
Subsection (4) does not apply to a requirement in a notice for a nominee to inform the Department of any proposal by the nominee to leave Australia.
This section extends to:
acts, omissions, matters and things outside Australia, whether or not in a foreign country; and
all persons, irrespective of their nationality or citizenship.
This Act’s bill:Explanatory memorandumSecond reading speech
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