Document ID: chunk:federal_register_of_legislation:C2022A00027:clause:2_33
Version: federal_register_of_legislation:C2022A00027
Segment Type: clause
Provision Reference: sch 2 cl 33
Character Range: 51926–53247

33  Subsections 44(1) to (2A)
Repeal the subsections, substitute:

Participant
 (1) For the purposes of paragraph 43(3)(b), this subsection applies in relation to a participant if:
 (a) the participant is an insolvent under administration; or
 (b) the CEO is satisfied that the participant's management of the funding for supports under the plan to a particular extent would:
 (i) present an unreasonable risk to the participant; or
 (ii) permit the participant to manage matters that are prescribed by the National Disability Insurance Scheme rules as being matters that must not be managed by a participant.

Registered plan management provider
 (2) For the purposes of paragraph 43(4)(b), this subsection applies in relation to a registered plan management provider if the CEO is satisfied that the provider's management of the funding for supports under the plan to a particular extent would present an unreasonable risk to the participant.

Plan nominee
 (2A) For the purposes of paragraphs 43(5)(b) and (6)(b), this subsection applies in relation to a plan nominee if:
 (a) the plan nominee is an insolvent under administration; or
 (b) the CEO is satisfied that the plan nominee's management of the funding for supports under the plan to a particular extent would present an unreasonable risk to the participant.