Document ID: chunk:federal_register_of_legislation:F2024C00895:reg:4bh
Version: federal_register_of_legislation:F2024C00895
Segment Type: reg
Provision Reference: reg 4BH
Character Range: 47641–49530

4BH  Suspension or withdrawal of approval of nominee
 (1) By notice in writing to the licensee and to the nominee, the Secretary may suspend or withdraw the approval of a nominee or alternative nominee for a licence if there is reason to believe that:
 (a) the nominee or alternative nominee has failed to comply with a licence condition or a condition of approval of the nomination; or
 (b) the nominee or alternative nominee is not a fit and proper person to act as a nominee or alternative nominee; or
 (c) the nominee or alternative nominee is not reasonably able to discharge the responsibilities of the licensee under the licence.
 (2) Before making a decision about suspending or withdrawing the approval of a nominee or alternative nominee, the Secretary must give to the nominee or alternative nominee:
 (a) notice in writing of the grounds on which the Secretary proposes to suspend or withdraw the approval; and
 (b) a reasonable opportunity to make representations about the proposed suspension or withdrawal of approval.
 (3) A notice of suspension or withdrawal of approval must give reasons for the suspension or withdrawal.
 (4) The Secretary, in a notice of suspension of approval, may impose a condition that the licensee must comply with for the suspension to cease under subregulation (5).
 (5) The suspension of approval of a nominee or alternative nominee ceases:
 (a) if a condition is imposed under subregulation (4)—when the Secretary notifies the licensee in writing that the condition has been complied with; and
 (b) in any other case—at the end of the later of:
 (i) the period of 14 days beginning on the day on which the suspension is notified; and
 (ii) the period (if any) specified in the notice.
Note: An application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary under this regulation—see regulation 4CN.