Document ID: chunk:federal_register_of_legislation:C2024C00572:section:11b:p2
Version: federal_register_of_legislation:C2024C00572
Segment Type: section
Provision Reference: s 11B (pt 2/3)
Character Range: 43052–45828

not pass the eligible nomination test; or
 (c) the nominated person has become a Chapter 5 body corporate; or
 (d) the nominated person has become an insolvent under administration; or
 (e) the nominated person has an unsatisfactory compliance record.
Note: For unsatisfactory compliance record, see section 11D.
 (11) A cancellation of a nomination takes effect on the day specified in the notice of cancellation as the day on which the cancellation is to take effect.
 (12) If the Regulator cancels a nomination, the Regulator must give written notice of the cancellation to each nominator.

Replacement nomination
 (13) If:
 (a) a nomination (the original nomination) is in force in relation to a facility; and
 (b) another nomination is made in relation to the facility;
the other nomination has no effect unless it is expressed to replace the original nomination.

Revocation of nomination
 (14) If:
 (a) a nomination (the original nomination) is in force in relation to a facility; and
 (b) another nomination is made in relation to the facility; and
 (c) the other nomination is expressed to replace the original nomination;
the original nomination is taken to have been revoked at the beginning of the start day for the other nomination.

Operational control—nomination made
 (15) If:
 (a) a nomination is in force in relation to a facility throughout a particular period; and
 (b) the facility passes the eligible nomination test at all times during the period;
the nominated person is taken, for the purposes of this Act, to have operational control of the facility throughout the period.

Operational control—nomination not made
 (17) If:
 (a) no nomination is in force in relation to a facility at any time during a particular period; and
 (b) the facility passes the eligible nomination test at all times during the period;
each of the relevant persons is taken, for the purposes of this Act, to have operational control of the facility throughout the period.

Notification
 (20) If:
 (a) a nomination is in force in relation to a facility; and
 (b) the facility ceases to pass the eligible nomination test;
each nominator must, within 30 days after the cessation, notify the cessation to the Regulator unless the cessation has previously been notified to the Regulator.
Civil penalty: 400 penalty units.

Exceptions
 (21) A person is not required to comply with subsection (20) if the question of who has operational control of the facility is not relevant (whether directly or indirectly) to a requirement under this Act.
 (22) A person is not required to comply with subsection (20) if the facility ceases to pass the eligible nomination test because of the making of a declaration under section 55 or 55A.

Definition
 (23) In this section:
nomination means a