Document ID: chunk:federal_register_of_legislation:C2022A00027:clause:2_31
Version: federal_register_of_legislation:C2022A00027
Segment Type: clause
Provision Reference: sch 2 cl 31
Character Range: 49521–51808

31  Subsections 43(2) to (5)
Repeal the subsections, substitute:
 (2) If a participant makes a plan management request, the statement of participant supports in the plan must give effect to the request, except to the extent set out in subsections (3) to (6).
 (3) If:
 (a) a participant makes a plan management request covered by paragraph (1)(a); and
 (b) subsection 44(1) applies in relation to the participant;
the statement of participant supports in the plan must provide for the funding for supports under the plan:
 (c) if paragraph 44(1)(a) applies—to be wholly managed by the Agency; and
 (d) if paragraph 44(1)(b) applies—to be managed by the Agency to the extent covered by that paragraph.
 (4) If:
 (a) a participant makes a plan management request covered by paragraph (1)(b); and
 (b) subsection 44(2) applies in relation to the registered plan management provider;
the statement of participant supports in the plan must provide for the funding for supports under the plan to be managed by the Agency to the extent covered by that subsection.
 (5) If:
 (a) the participant has a plan nominee; and
 (b) subsection 44(2A) does not apply in relation to the nominee; and
 (c) the terms of the plan nominee's appointment deal with the management of certain funding for supports under the plan;
the statement of participant supports in the plan must provide for that funding to be managed in accordance with those terms.
 (6) If:
 (a) the participant has a plan nominee; and
 (b) subsection 44(2A) applies in relation to the nominee; and
 (c) the terms of the plan nominee's appointment deal with the management of certain funding for supports under the plan;
the statement of participant supports in the plan must provide for that funding:
 (d) if paragraph 44(2A)(a) applies—to be wholly managed by the Agency; and
 (e) if paragraph 44(2A)(b) applies—to be managed by the Agency to the extent covered by that paragraph.
 (7) Subsection (3) or (4) does not apply to funding to the extent that subsection (5) or (6) applies to the funding.

No plan management request
 (8) If a participant does not make a plan management request, the statement of participant supports in the plan must provide that the funding for supports under the plan is to be wholly managed by the Agency.