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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 90 General circumstances in which CEO may cancel or suspend appointment of nominees

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 90

General circumstances in which CEO may cancel or suspend appointment of nominees

At the request of a participant

             (1)  If:

                     (a)  a person is appointed as a nominee of a participant under section 86 or 87 on the initiative of the CEO; and

                     (b)  the participant requests the CEO to cancel the appointment;

the CEO may, by written instrument, cancel the appointment.

             (2)  A request under paragraph (1)(b) need not be made in writing. If the request is not made in writing, the CEO must make a written record of the request.

             (3)  If a request is made under paragraph (1)(b):

                     (a)  the CEO must decide whether to cancel the appointment within 14 days after receiving the request; and

                     (b)  if the CEO decides not to cancel the appointment--the CEO must give the person and participant written notice of the CEO's decision.

Ability to act as a nominee affected

             (4)  The CEO may, by written instrument, suspend or cancel one or more of a nominee's appointments if:

                     (a)  the CEO gives the nominee a notice under section 83; and

                     (b)  the nominee informs the Agency that an event or change of circumstances has happened or is likely to happen and is likely to have an effect referred to in paragraph 83(1)(b).

Failure to comply with a notice under section 83 or 84

             (5)  The CEO may, by written instrument, suspend or cancel one or more of a nominee's appointments if:

                     (a)  the CEO gives the nominee a notice under section 83 or 84; and

                     (b)  the nominee does not comply with a requirement specified in the notice.

Copy of instrument of cancellation or suspension to be given

             (6)  If the appointment of a person as a nominee of a participant is cancelled or suspended under this section, the CEO must give the person and participant a copy of the instrument of cancellation or suspension.