Document ID: chunk:federal_register_of_legislation:C2020C00377:section:51
Version: federal_register_of_legislation:C2020C00377
Segment Type: section
Provision Reference: s 51
Character Range: 59203–60492

51  Provisions relating to appointments
 (1) The Secretary must not appoint a person as a nominee of a participant under section 50 except:
 (a) with the written consent of the appointee; and
 (b) after taking into consideration the preferences (if any) of the participant regarding the making of the appointment.
 (2) In appointing a person as a nominee of a participant under section 50, the Secretary must consider whether the person is able to comply with section 46.
 (3) In appointing a nominee of a participant under section 50, the Secretary must have regard to whether there is a person who, under a law of the Commonwealth, a State or a Territory:
 (a) has guardianship of the person; or
 (b) is a person appointed by a court, tribunal, board or panel (however described) who has power to make decisions for the participant and whose responsibilities in relation to the participant are relevant to the duties of a nominee.
 (4) The Secretary must cause a copy of an appointment under section 50 to be given to:
 (a) the nominee; and
 (b) the participant.
 (5) The rules may prescribe:
 (a) persons who must not be appointed as nominees; and
 (b) criteria the Secretary is to apply or matters to which the Secretary is to have regard in considering the appointment of a nominee.