Document ID: chunk:federal_register_of_legislation:C2020C00377:section:49
Version: federal_register_of_legislation:C2020C00377
Segment Type: section
Provision Reference: s 49
Character Range: 56813–58350

49  Nominee to inform Secretary of matters affecting ability to act as nominee
 (1) The Secretary may give a nominee of a participant a written notice that requires the nominee to inform the Secretary 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 nominee of the participant; or
 (ii) the ability of the Secretary 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 Secretary under this Act.
 (2) A notice under subsection (1) must specify:
 (a) how the nominee is to inform the Secretary; and
 (b) the period within which the nominee is to inform the Secretary, which must be a period of at least 14 days starting on whichever of the following days is applicable:
 (i) the day on which the event or change of circumstances happens;
 (ii) the day on which the nominee becomes aware that the event or change of circumstances is likely to happen.
 (3) A notice under subsection (1) is not ineffective only because it does not comply with paragraph (2)(a).
 (4) This section extends to:
 (a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and
 (b) all persons, irrespective of their nationality or citizenship.

Division 3—Appointment and cancellation or suspension of appointment