Document ID: chunk:federal_register_of_legislation:C2020C00377:section:53
Version: federal_register_of_legislation:C2020C00377
Segment Type: section
Provision Reference: s 53
Character Range: 61631–63542

53  General circumstances in which Secretary may cancel or suspend appointment of nominees

At the request of a participant
 (1) If:
 (a) a person is appointed as a nominee of a participant under section 50 on the initiative of the Secretary; and
 (b) the participant requests the Secretary to cancel the appointment;
the Secretary may, by written instrument, cancel the appointment.
 (2) A request under paragraph (1)(b) need not be made in writing. If the request is not made in writing, the Secretary must make a written record of the request.
 (3) If a request is made under paragraph (1)(b):
 (a) the Secretary must decide whether to cancel the appointment within 14 days after receiving the request; and
 (b) if the Secretary decides not to cancel the appointment—the Secretary must give the person and participant written notice of the Secretary's decision.

Ability to act as a nominee affected
 (4) The Secretary may, by written instrument, suspend or cancel one or more of a nominee's appointments if:
 (a) the Secretary gives the nominee a notice under section 49; and
 (b) in response to the notice, the nominee informs the Secretary that an event or change of circumstances has happened or is likely to happen; and
 (c) having regard to that response, the Secretary is satisfied that it is appropriate to do so.

Failure to comply with a notice under section 49
 (5) The Secretary may, by written instrument, suspend or cancel one or more of a nominee's appointments if:
 (a) the Secretary gives the nominee a notice under section 49; and
 (b) the nominee does not comply with a requirement specified in the notice.

Copy of instrument of cancellation or suspension to be given
 (6) If the appointment of a person as a nominee of a participant is cancelled or suspended under this section, the Secretary must give the person and participant a copy of the instrument of cancellation or suspension.