Document ID: chunk:federal_register_of_legislation:C2020C00377:section:54
Version: federal_register_of_legislation:C2020C00377
Segment Type: section
Provision Reference: s 54
Character Range: 63542–65691

54  Suspension etc. of appointment of nominees in cases of physical, mental or financial harm

Suspension of appointment
 (1) The Secretary may, by written instrument, suspend the appointment of a person as a nominee of a participant if the Secretary reasonably believes that:
 (a) the person has caused, or is likely to cause, physical, mental or financial harm to the participant; or
 (b) the person has failed to fulfil the person's duty under subsection 46(1).
 (2) Any financial harm that might be caused to the participant by the nominee acting in a manner that gives effect to the participant's preferences in relation to the BSWAT payment scheme is to be disregarded for the purposes of subsection (1).
 (3) If the person's appointment is suspended under subsection (1), the Secretary must:
 (a) give the person and participant a copy of the instrument of suspension; and
 (b) by written notice given to the person, request the person to give the Secretary, within 28 days after the notice is given, a statement setting out reasons why the person's appointment should not be cancelled by the Secretary under this section.

Cancellation of appointment following suspension
 (4) If the person gives the Secretary the statement within the 28 day period, the Secretary may, by written instrument, cancel the person's appointment.
 (5) The Secretary must decide whether to cancel the person's appointment under subsection (4) as soon as practicable after receiving the statement.
 (6) If the Secretary decides not to cancel the person's appointment under subsection (4):
 (a) the suspension of the person's appointment ends; and
 (b) the Secretary must give the person and participant written notice of the Secretary's decision.
 (7) If the person does not give the Secretary the statement within the 28 day period, the Secretary must, by written instrument, cancel the person's appointment as soon as practicable after that period ends.

Copy of instrument of cancellation to be given
 (8) If the person's appointment is cancelled under this section, the Secretary must give the person and participant a copy of the instrument of cancellation.