Document ID: chunk:federal_register_of_legislation:C2022A00027:clause:2_44
Version: federal_register_of_legislation:C2022A00027
Segment Type: clause
Provision Reference: sch 2 cl 44
Character Range: 55364–56106

44  After subsection 90(3)
Insert:

Nominee no longer has guardianship etc.
 (3A) The CEO may, by written instrument, cancel the appointment of a nominee of a participant if:
 (a) at the time the appointment was made, the nominee was a person who, under a law of the Commonwealth, a State or a Territory:
 (i) had guardianship of the participant; or
 (ii) was appointed by a court, tribunal, board or panel (however described) who had power to make decisions for the participant and whose responsibilities in relation to the participant were relevant to the duties of a nominee; and
 (b) the nominee no longer has guardianship of the participant or no longer holds the appointment referred to in subparagraph (a)(ii) (as the case requires).